JUDGMENT

SARKARIA J:—This appeal by special leave is directed against a judgment of a learned single Judge of the High Court of Delhi. It arises our to these circumstances :

On Jan, 8, 1969, B. R. Kochhar, Food Inspector, purchased 600 grams of Kaju-Tukra (cashewnut pieces) as sample for analysis from the grocery shop of Kacheroo Mal, Respondent in Khari Baoli, Delhi. The sample was divided into three equal parts and sealed into three bottles. An inventory was prepared which was read over and explained to the respondent, who thereafter signed it. One of these bottles was given to the respondent, one was retained by the Inspector, while the third was handed over to the Public analyst on the following day for examination. The Public Analyst has reported:

"Date of Analysis : 10-1-1969. Insect-infested pieces of Kajus : 21.9% and I am of the opinion that the same is adulterated due to insect infested pieces of Kajus to the extent of 21.9%."

2. On the preceding facts, the Food Inspector filed a complaint for prosecution of the respondent in respect of an offence under Section 7 read with Section 16 of the Prevention of food Adulteration Act, 1954 (hereinafter called the Act). The trial Mag