Avadh Behari Rohatgi, J.

( 1 )

THE Facts :this appeal has the rare distinction of going to the full bench twice for decision of difficult questions of law it raised. Now it has come before us for final disposal.

( 2 ) TWELVE years ago, on September 10, 1966, at 10. 30 a. m. , a food inspector Chander Singh was on his daily round. He saw a van, of M/s. J. B. Bottling Company Private Limited (the company) delivering bottles of carbonated water to shopkeepers at Bara Hindu Rao Delhi. The food inspector went to the spot. He checked the stock of carbonated water. During checking he came across a bottle of "j. B. Gold Crush Orange" having a dead fly in it. He then in the presence of Zonal Health Officer, two other food inspectors, a witness from the public and two officials of the company seized and sealed the bottle containing the dead fly. He prepared a seizure memo (PW 1a) which was signed by three witnesses. He took the bottle in his custody.

( 3 ) THE Municipal Corporation launched a prosecution under sections 7 and 17 read with section 16 of the Act against (1) Raj Kumar, salesman-cum driver ; (2) Thakar Dass, sales supervisor; (3) Lachhman Dass, managing director, all three of the

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