1. Hardev Singh son of Gulab Singh, respondent No. 1, was tried by Shri R.D. Aggarwal, Metropolitan Magistrate, New Delhi, on a complaint filed by the petitioner under S.7 read with S.16 and S.17 of the Prevention of Food Adulteration Act, 1954 , (hereinafter called 'the Act') on the allegation that the sample of Atta*sold by him as vendor on behalf of M/s Punjabi Hotel, respondent No. 3, to Food Inspector, M.S. Chadha, on 5th November, 1974, was found to be adulterated due to presence of insect infestation. Respondent No. 2, Ranjeet Singh, was impleaded as an accused alleging that he was the working partner of M/s. Punjabi Hotel, respondent No. 3, supervising and managing the day - to - day working of the Hotel. As per allegations in the complaint, the Atta was exposed / meant for preparation of Chapatis being sold and intended for human consumption at the premises of respondent No. 3. The trial Court on evaluation of evidence, holding that the Atta was declared adulterated on account of presence of insects but it having not been proved that it was rendered unfit for human consumption and that before Chapaties were to be prepared, it was to be cleaned by sieving and further that t