JUDGMENT

SEN, J.— In this appeal, on certificate, from a judgment of the Delhi High Court, by which it acquitted the respondent of an offence punishable under Section 16 (1) (a) of Prevention of Food Adulteration Act, 1954, for the alleged contravention of Sec. 7 (1) thereof, two questions arise, namely (1) whether even though the Public Analyst found in one of the reports, Ext. PE that a particular sample of cashew nuts purchased from the respondents shop was insect-infested to the extent of 20.6 per cent and that it contained living insects, that circumstance by itself was not sufficient to warrant a conviction, and (2) whether the respondent was protected by sub-sec. (2) of S. 19 of the Act inasmuch as he had purchased the cashew nuts in sealed tins from a dealer in cashew nuts under the invoice Ext. DW 3/A, which contained a description of the goods as SW Best Borma.

2. The facts of the prosecution case are these. The respondent is a partner of the firm M/s. Narain Dass Tak Chand, Khari Baoli, Delhi. The firm is engaged in wholesale business in dry-fruits including cashew nuts which it gets from different manufacturers. On August 1, 1968 three samples of cashew nuts were taken f