Judgment

CHINNAPA REDDY, J.:- On October 17, 1970, a Food Inspector of the Delhi Municipal Corporation purchased a sample of Dal Biji from the shop of the appellant. One part of the sample was sent to the Public Analyst for analysis. The Public Analyst reported on October 27, 1970 that the sample was adulterated because of the presence of unpermitted coal tar dye. Thereafter there was a stalemate for about two years. A complaint was finally filed against the appellant on November 13, 1972. On April 17, 1973, the appellant moved the trial Court to send another part of the sample for analysis to the Director of the Central Food Laboratory. This was accordingly done. A sample was received by the Director, Central Food Laboratory, Calcutta on May 2, 1973. After analysis the Director, Central Food Laboratory sent his report on October 26, 1973. The precise date of analysis by the Director, Central Food Laboratory is not evident from the record. According to the report the sample was adulterated as the vanaspati used in the samples of Dal Biji contained 42.2% of "free fatty acid as oleic acid" as against the permissible .25%. The report also mentioned that "added coal tar dyes" were absen