Judgment

JUDGMENT:- As long back as on August 1, 1975 a Food Inspector purchased a sample of suji (Semolina) from the respondent- accused, which was found to contain excessive moisture and ash The learned Metropolitan Magistrate, Delhi acquitted the accused by his judgment dated july 19, 1977 on the ground that the Food Inspector did not send the required quantity of the adulterated article to the Public Analyst for analysis. The Rules required the Food Inspector to send 250 gms. of suji for analysis whereas he sent only 200 gm. The High Court of Delhi dismissed the revision application filed by the Municipal Corporation of Delhi summarily.

2. The learned Metropolitan Magistrate is clearly wrong in the view to taken by him, from which it must follow that the High Court was not justified in dismissing the revision application summarily. The fact that a lesser quantity than that prescribed by the Rules is sent for analysis cannot constitute an impediment in the conviction of a person accused of selling adulterated food so long as the quantity sent for analysis is sufficient to enable the Analyst to make a satisfactory analysis according to accepted tests. We do not, however, propose to