JUDGMENT

CHANDRACHUD, CJI.:—On Nov. 13, 1968 a sample of broken cashewnut was taken from the shop of the appellant Paramjit Singh. The sample was analysed three days later. The report of the public analyst dated November 21, 1981, shows that the sample was insect infested to the extent of 6.93 per cent. On these facts the appellant was tried for an offense under S. 7 (1) read with S. 16 of the Prevention of Food Adulteration Act, 1954 ("The Act"). The trial Court by its judgment dated Sept. 25, 1972, acquitted the appellant but in appeal the High Court of Delhi by its judgment dated Oct. 11, 1979 convicted the appellant and sentenced him to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000. Being aggrieved by that judgment, the appellant has filed this appeal by special leave.

2. Section 2 (ia) (f) of the Act provides that an article of food shall be deemed to be adulterated "if the article consists wholly or in part of any filthy, putrid, rotten, decomposed or diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human consumption". Mr. V. S. Desai who appears on behalf of the appellant contends that there is no