JUDGMENT - V.P. SALVE, J.:---The acquittal of respondent Nos.1 and 2 in this appeal will have to be quashed for the reasons that the trial Court has misinterpreting the ratio of the Supreme Court judgment reported in (Municipal Corporation of Delhi v. Kacheroo Mal)1, (1976)1 S.C.C 412 and relying on the sub-para of plecitum 'B' acquitted the accused. In fact the most relevant paragraph in the reported case of the Supreme Court (ibid) is paragraph 13, which lays down :---

" That under the Rules a minimum proportion of insect-infestation or insect-damage is provided to deem the article unfit human consumption shows that the mere fact that any part of an article was insect-infested may not be conclusive proof of its being 'adulterated' under sub-clause (f). All the adjectives, used in the sub-clause are a presumptive and not an absolute test for quality of the article being unfit for human consumption.

"In the case of an article in respect of which the Rules do not prescribe any minimum standard of purity or any minimum proportion of insect-infestation that would exclude it from the definition of 'adulterated article, it will be a mixed question of law and fact whether the insect-inf

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