( 1 ) THIS case comes before us on a reference made by Golwalkar and Bhave, JJ. , for examining the correctness of the view taken by Newasker and Sen, JJ. in State of Madhya Pradesh v. Shankerlal, Cri. Appeal No. 180 of 1966, D/- 25-8-1966 (MP), which was decided along with State of Madhya Pradesh v. Abbasbhai, 1967 mp LJ 872= (1967 Cri LJ 1723 ). The same question is raised in Ataul Haque v. State of Madhya Pradesh, (Cri. Revn. No. 431 of 1966 (MP)), and Kundanlal v. State of Madhya Pradesh, (Cri. Revn. No. 591 of 1966 (MP)), and, therefore, these two cases also are before us for the same purpose.

( 2 ) IN the first case, the respondent Chhotekhan was convicted under Section 7 read with Section 16 (1) (a) (ii) of the Prevention of Food Adulteration Act, 1954, for selling adulterated milk and was sentenced to rigorous imprisonment for one year and a fine of Rs. 2,000/- or, in default, to like imprisonment for a further term of six months. In appeal, the Sessions Judge acquitted Chhotekhan on the ground that there was no specific evidence to show which preservative had been added to the sample of milk sent to the Public Analyst and what was the quantity so added and, ther