Dayal, J. - (1.) Nathi Lal respondent was prosecuted on the complaint of the Health Officer, Agra Municipality, of an offence under Section 42, U.P. Pure Food Act, 1950, for having sold adulterated ghee on the 15th of September, 1954, to a Food Inspector of the Agra Municipality.
(2.) The prosecution led evidence about the purchase of the ghee about sending a sample of it to the Public Analyst to U.P. Government, and filed a certificate received from the Public Analyst. The certificate is reproduced below:- "I, Public Analyst to Government, Uttar Pradesh, do hereby certify that sample of ghee, No. 1331, has been received by me from the Medical Officer of Health, Municipal Board, Agra, on 27-9-54 for analysis. It was examined by me and the result of the analysis is given below: In my opinion this sample is adulterated. In my opinion it contains, in small proportion, fat or oil which is different from pure ghee. This report has been made after making due allowance for all incidental and unavoidable admixtures in the sample. The sample is not of the prescribed standard under the U.P. Pure Food Rules, 1952."
(3.) The Magistrate trying the accused acquitted him as the report of the Public Analyst did not give any details of analysis or any data of the analysis done by him. The State has therefore, filed this appeal against Nathi Lals acquittal.;