JUDGMENT

SHINGHAL, J.— This appeal by special leave is directed against the judgment of the Delhi High Court dated September 4, 1972, dismissing the appeal of the Municipal Corporation of Delhi against the acquittal of respondent Ram Sarup and upholding his acquittal by the appellate judgment of the Additional Sessions Judge of Delhi for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act. It is not disputed that a sample of besan was taken by the Food Inspector from the respondents shop on October 3, 1970, and the Public Analyst reported that it was "very highly insect infested". The trial Magistrate had found him guilty of the offence under Section 7 read with Section 16 of the Act and sentenced him to rigorous imprisonment for six months and a fine of Rs. 1,000/-.

2. The High Court took note of the following standard of quality of besan prescribed in the Prevention of Food Adulteration Rules, 1955, Appendix B, Item A 18. 04 -

"Besan means the product obtained by grinding dehusked Bengal gram (cicer arietinum) and shall not contain any added colouring matter or any other foreign ingredient."

It was argu