( 1 ) MESSRS. J, B. Bottling Company Private Limited, New Delhi, was convicted on December 5, 1968, by a Judicial Magistrate for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, and was fined Rs. 5000. 00. The appeal filed by the company against its conviction and sentence was, however, accepted by Shri J. D. Jain, Additional Sessions Judge, Delhi, on November 21, 1969.

( 2 ) THE allegations against the company were that out of the carbonated-water bottles manufactured by it and which were in a truck for delivery to various customers, a Food Inspector found a bottle of "gold Crush Orange" which contained a dead fly in it.

( 3 ) THE learned Additional Sessions Judge acquitted the company while relying on a Division Bench judgment of this Court in the case of M/s. Rammeshwar Chotte Lal and others v Union of India and other (I. L. R. 1969 Delhi 1196 ). The Municipal Corporation of Delhi came up in appeal after obtaining special leave of this Court against the order of acquittal passed by the learned Additional Sessions Judge. The appeal came up for hearing before a Division Bench (Jagjit Singh and Vyas Dev Misra, JJ.