( 1. ) THIS order will govern Ori. Appeals Nos. 180 of 1966 and 181 of 1960, as in both the cases the question is the same.

( 2. ) THE respondents Shankerlal and Abbasbhai in both the cases were proceeded against under Sections 7 and 16 of the Prevention of Food Adulteration Act. Both were convicted by the Magistrate First Class Thandla but have been acquitted in appeal. The acquittal is on the ground that while the articles were sent for analysis by the Food Inspector to the Public Analyst certain rules were not observed,

( 3. ) THE Rules 7 and 18 which are subject-matter of this appeal read as follows:

Rule 7 On receipt of a package containing a sample for analyst from the Food Inspector or any other person, the Public Analyst or an officer authorised by him shall compare the seal on the container and the outs; cover with specimen received separately and shall note the condition of the seals thereon. (2) The Public Analyst shall cause to be analysed such samples of food as may be sent to him by the Food Inspector or any other person under the Act. (3) After the analysis has been completed he shall forthwith supply to the person concerned a report in Form III of the result