Case: Municipal Corporation of Delhi Vs. Ram Sarup

It is not disputed that a sample of besan was taken by the Food Inspector from the respondents shop on October 3, 1970 and the Public Analyst reported that it was "very highly insect infested". The trial Magistrate had found him guilty of the offence under Section 7 read with Section 16 of the Act and sentenced him to rigorous imprisonment for six months and a fine of Rs. 10002. The High Court took note of the following standard of quality of besan prescribed in the Prevention of Food Adulteration Rules, 1955, Appendix B, item A. 18.04 :Besan means the product obtained by grinding dehusked Bengal gram (cicer arietinum) and shall not contain any added colouring matter or any other foreign ingredient.

Reasoning:
4. In the view we have taken we would have set aside the acquittal of the respondent and restored the judgment of the trial Court, but we are inclined to think that it will not be proper to do so in the facts and circumstances of this case. There is nothing in the three judgments on record, and more particularly in the impugned judgment of the High Court, to show whether the respondent was put on trial for selling an adulterated article of food within the meaning of clause (f) of Section 2(ia) of the Act, or whether he was tried for selling, within the meaning of clause (l) of that section, an article of food of which the quality or purity fell below the standard prescribed by the Rules. The possibility that the respondent was prejudiced in his defence because of the ambiguity cannot therefore be ruled out.