Judgment

DESAI, J.:- Dr. A. G. Ajwani, Dy. Health Officer of the petitioner - Municipal Corporation of Delhi - accompanied by an Inspector of C. B. I. and some Food Inspectors employed by the petitioner, visited the premises of the respondents where they being manufacturers of various articles of food stored the same for sale, and took number of samples of various spices like the red chillies kutti, haldi powder, rice kinki and red chillies whole as well as some others. These samples nine in all involved in the present petition, on analysis by the Public Analyst were found to be adulterated, the adulteration consisting of use of artificial coal tar dye, presence of foreign extraneous matter to the extent of 90%, ash in percentage higher than the permissible limit, etc. Initially the complaint was filed against respondent 1 but subsequently on collecting further evidence prosecution was launched against respondents 1 to 7. When the matter was being heard by the Metropolitan Magistrate, Delhi he discharged all the respondents observing that there was a breach of mandatory provision of Rule 22 of the Prevention of Food Adulteration Rules inasmuch as the minimum quantity necessary for a