(1.) THIS criminal appeal is by the State against an order of acquittal passed by the Sub Divisional Judicial Magistrate, Gobichettypalayam in a case in which the accused was charged under Secs.7 and 16(1) read with Sec.2(ia)(a)(m) of the Prevention of Food Adulteration Act.
(2.) THE case of the prosecution is that when P.W.1 Food Inspector purchased 660 ml. of milk from the accused out of 41/2 litres of buffalo milk which the accused was having for sale. THEn P.W.1 divided the same into three parts and observing all the requirements under the Rules framed under the Tamil Nadu Food Adulteration Act, sent one sample for chemical analysis and sent the other two samples to the local health authority. After the result of the analysis came, on finding therefrom that the milk was adulterated, P.W.1 filed the charge sheet.