( 1 ) THIS is an appeal by the Municipal Corporation Gwalior against the order of the municipal Magistrate, first class, Gwalior, acquitting the respondent Kishan swaroop of the offence under Section 7 (1) read with Section 16 (1) of the prevention of Food Adulteration Act (7 of 1954) (hereinafter called the Act ).

( 2 ) BRIEFLY stated the facts arc that Shri Radhey Shyam Sharma, Food Inspector of the Municipal Corporation Gwalior purchased 3/4 seer of milk from the respondent on 10-5-1960 at about 7 A. M. for 36 paise. The milk purchased was divided into 3 portions and samples were taken in three separate phials. One of the phials was given to the accused, the other was sent to the Public Analyst for analysis on 175-60 and the third was preserved for production in Court. The Public Analyst analysed the sample of milk apparently on 19-5-1960. In his opinion the sample contained fat 2. 9 per cent non-fatty solids 7. 39 per cent and added water 17. 8 per cent. It was not challenged that the milk was buffalo milk and under Rule A. 11. 01. 03 it is to be presumed that where the milk is sold or offered for sale without any indication as to whether it was derived from cow, b