1. This is an appeal filed by the appellant one Gela Hira Rabari against the judgement and order of his conviction and sentence passed by the learned City Magistrate, 6th Court, Ahmedabad, in Criminal Case No. 228 of 1966. The conviction is under S.16(1)(a)(i) read with S.7 of the Prevention of Food Adulteration Act, 1954 (37 of 1954) for the accused having on the morning of December 31, 1965 at 9.30 a.m. sold to the complainant Food Inspector of the Ahmedabad Municipal Corporation 700 M. litre of cow's milk for 0.56 Paise, which, on analysis, was found to be adulterated. The offence was committed near the station of Maninagar in Ahmedabad. The accused - appellant has been sentenced to suffer rigorous imprisonment for one month and to pay a fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for seven months.

2 - 3. The prosecution case as is revealed from the evidence of the Food Inspector Shantilal Vidayashankar Pandya P.W. 1 Ex. 2 is that on the morning of December 31, 1965 at about 9-30 a.m., while he was standing near Maninagar with his peon Ahmad, he had seen the accused going with the milk pot containing about one maund of milk. He called one Bhagwandas to be pr