Judgment

S. M. Fazal ALI, J.:- This appeal by special leave is directed against a judgment dated 5-3-1980 of the Delhi High Court by which the High Court quashed the proceedings taken by the Municipal Corporation of Delhi against respondents Nos. 1 to 11. This is a case where the facts are almost identical with the facts of Criminal Appeal No. 701 of 1980 : (reported in AIR 1983 SC 67) which we have decided today, with a vital difference which we shall point out hereafter.

2. In this case also, Shri M. M. Gupta, Food Inspector in the Municipal Corporation of Delhi purchased a sample of milk toffees from the shop of Jagdish Chander Mehta situate at Lajpat Nagar, New Delhi. The milk toffees which were purchased by the food inspector were found to be adulterated by the Public Analyst. The toffees in this case were manufactured by Hindustan Sugar Mills, 51, Mahatma Gandhi Road, Bombay. A complaint was filed before the Metropolitan Magistrate against accused Nos. 1 to 12 under Sections 7/16/17 of the Prevention of Food Adulteration Act mentioning the facts stated above.

3. The High Court was of the view that the complaint did not disclose any offence and adopting a similar line of reasoni