( 1 ) THE present appeal of the Municipal Corporation ofdelhi (hereinafter referred to as Municipal Corporation) is directed againsttb6 judgment dated 3/02/1977 of Shri J. D. Kapoor, Metropolitan Magistrate, Delhi acquitting all the respondents in respect of an offence punishableondet section 7 read with section 16 of the Prevention of Food Adulterationact.

( 2 ) SATINDER Kumar Jain, Smt. Phool Wati, Davinder Kumar and Rakesh Kumar (respondents 1 to 4) were partners. They, at the relevant time,were carrying on business of manufacture of besan for sale under the nameand Style of M/s. Raj Dhani Floor Mills at 6549, Kutub Road, Delhi.

( 3 ) 0n 29/03/1973 at about 12-30 p. m. , R. P. Chauhan (PW3), afood inspector, went to the aforesaid premises No. 6549, Kutub Road, Delhi. At that time only Satinder Kumar Jain, respondent No. J, was present fromwhom the former purchased besan weighing 450 grams. The said Foodinspector. . divided the besan into three equal parts and put them in separatecontainers and sealed them. One of the samples was handed over to Satioderkumar Jain, another was sent to the Public Analyst and the third one wasretained by him. The Public Analys