Judgment

MATHEW, J.:- The Municipal Corporation of Delhi filed a complaint on September 10, 1970, before the. Judicial First Class Magistrate, Delhi, against the appellants under S. 7 read with S. 16 (f) of the Prevention of Food Adulteration Act, 1954, hereinafter called "the Act", alleging that they gave a false warranty in respect of the curry powder manufactured by them. In response to the summons, the appellants appeared and filed an application for quashing the proceedings on the ground that the complaint was incompetent.

2. The learned Magistrate dismissed the application. The appellants filed a revision from the order to the Additional Sessions Judge. That was dismissed. The appellants then filed a revision against that order before the High Court. The High Court also dismissed the revision. It is against this order that the appellants have filed this appeal by special leave.

3. On November 28, 1968, the Food Inspector went to the shop of one Ram Prakash Oberoi and found that he was storing for sale curry powder. The Food Inspector purchased three sealed tins of curry powder from him and after following the procedure enjoined by the Act, sent one sample to the Public Analyst,