Summarize the following court judgment. N: Criminal Appeal No. 539 of 1984 From the judgment and order dated 17.11.82 of the High Court of Delhi in Criminal Appeal No. 268/82. 466 D K Sen	 G.D. Gupta and R.N. Poddar for the Appellant. D.B. Vohra for the Respondent. The following Judgments were delivered VARADARAJAN	 J. This appeal by special leave is by the Delhi Administration and directed against the judgment of a learned Single Judge of the Delhi High Court dismissing Criminal Revision No. 268 of 1982 in limine. That criminal revision was filed against the acquittal of the respondent by the learned Metropolitan Magistrate	 Delhi in Case No. 11 of 1982	 in which the respondent was tried for an offence under section 7 read with section 16 of the (hereinafter referred to as 'the Act '). The Food Inspector	 P.W. 4 took a sample of lal mirchi powder from the grocery shop of the respondent. On analysis by the Public Analyst it was found in exhibit PW 1/C that the sample contained nine living meal worms. There was no other evidence in support of the case of the prosecution that the lal mirchi powder was adulterated. It was contended before the learned Magistrate that the evidence by way of the Public Analyst 's report does not satisfy the requirement of the definition of 'adulterated article ' of food contained in section 2 (1) (f) of the Act. The learned Magistrate accepted this contention and found that the prosecution has failed to prove that the lal mirchi powder was adulterated and he accordingly acquitted the respondent. The Calcutta High Court in M/s Narkeklange Roller Flour Mills and another vs The Corporation of Calcutta(1) has observed: ". Clause (f) of Section 2 defines the word 'adulterated ' and an article of food is said to be adulterated if it is insect infested. By physical examination the Public Analyst found blackish worms and the sample there is at best worm infested. Is the word worm synonymous with 'insect ' ? Did the legislature intend to condemn wheat products due to presence of seasonal worms ? The word 'insect ' is defined in the Oxford Dictionary as "small invertebrate segmented animal having head	 thorax	 abdomen	 and three pairs of thoracic legs	 usually with one or two pairs of thoracic (1) 1973 (Prevention of Food Adulteration Cases) 257. 467 wings. "The word "worm" in the same dictionary is defined as "kinds of invertebrate limbless or apparently limbless creeping animal	 such as are segmented in rings or are parasite in the intestines or tissues. " There is	 therefore	 a good deal of difference between worms and insects and a sample of food becomes adulterated only when it is insect infested. In the present sample	 however	 worms were found to be present and that in our view	 does not satisfy the requirements of the definition "adulterated" under Section 2 of the Act. " According to the Webster 's New World Dictionary (1962 edition)	 'worm ' means "any of many long	 slender	 soft bodied creeping animals	 some segmented	 that live by burrowing underground or as parasites	 as the earth worm	 tapeworm". According to Webster 's New World Dictionary 'infest ' means "to overrun or inhabit in large numbers	 usually so as to be harmful or bother some swarm in or about." According to that dictionary an 'insect ' means any "of a large group of small invertebrate animals characterized	 in the adult state	 by division of the body into head	 thorax	 and abdomen	 three pairs of membranous wings: beetles	 bees	 flies	 wasps	 mosquitoes	 etc. are insects. " According to the Shorter Oxford English Dictionary	 'worm means "a slender	 creeping	 naked	 limbless animal usually brown or reddish with a soft body divided into a series of segments; an earthworm." According to that dictionary an 'insect ' means "a small invertebrate animal	 usually having a body divided into segments	 and several pairs of legs	 and often winged." Therefore it is not possible to hold that a worm and an insect are the same. Even if worms and insects are the same the appellant is not out of difficulty in this case. As already stated the Public Analyst has found in the sample only nine living meal worms and he has neither stated that it is insect infested nor that it is unfit for human consumption on account of the presence of the meal worms nor that it is otherwise unfit for human consumption. According to Webster 's Illustrated Contemporary Dictionary (Encyclopedic Edition)	 'infest ' means "to overrun or spread in large numbers so as to be unpleasant or unsafe". 468 In Municipal Corporation of Delhi vs Kacheroo Mal	 (1) the Public Analyst had reported: " Date of Analysis: 10 1 1969	 Insect infested pieces of Kajus: 21.9% and I am of the opinion that the same is adulterated due to insect infested pieces of Kajus to the extent of 21.9%" Sarkaria	 J. speaking for himself and Gupta	 J. has observed in that case: " In view of the construction that the expression 'insect infested '	 includes infestation even by dead insects	 the further point to be considered is	 whether mere insect infestation	 without more	 would be sufficient to hold the article to be 'adulterated ' within the meaning of sub clause (f) of clause (I) of section 2 of the Act . The point sought to be made out is that in this case	 the prosecution	 the defence and the High Court all felt that the report of the Public Analyst was vague	 inadequate and deficient	 and in the absence of clear proof of the sample being unfit for human consumption	 it could not constitute a valid basis for holding the article to be adulterated within the meaning of sec. 2(1)(f). As against the above	 Mr. F.S. Nariman	 the learned; Counsel for the appellant Corporation submits that in the case of food articles for which no minimum standard or purity is prescribed	 the moment it is proved that a proportion of percentage of the article not being a proportion or percentage as would be covered by the rule	 de minimis non curat lex is putrid	 filthy	 disgusting	 decomposed or insect infested	 it would be deemed to be unfit for human consumption and therefore adulterated within the contemplation of section 2(1)(f). In any case	 proceeds the argument	 it is implicit in the report of the Public Analyst that the article in question was found unfit for human consumption. This implication according to the learned Counsel flows ' from the Analyst 's conclusion that the article was "adulterated". Counsel has criticised the view taken by the Bench in Dhanraj 's case that if for an article of food	 no (1) ; 469 standard of quality or purity has been prescribed or no limits have been prescribed for the validity or its constituents	 then sub clause (I) of clause (f) of sec. 2 will not apply and that the Public Analyst is not competent to say as to what extent of insect infestation would make the article "adulterated ' The relevant part of Section 2 reads as under: "(1) "adulterated" an article of food shall be deemed to be adulterated (a) to (e) . . . (f) If the article consists wholly or in part of any filthy	 putrid	 disgusting	 rotten	 decomposed or diseased animal or vegetable substance or is insect infested or is otherwise unfit for human consumption". The phrase "or is otherwise unfit for human consumption" can be read conjunctively as well as disjunctively. If it is read conjunctively	 that is	 in association with what precedes it	 sub clause (f) with slight consequent rearrangement and parenthesis would read like this: "If the article	 is unfit for human consumption on account of (a) its consisting wholly or in part of any filthy	 putrid	 disgusting rotten	 decomposed or diseased animal or vegetable sub stance or being insect infested	 (b) or on account of any other cause '. In this view of the sub clause	 proof of unfitness of the article for human consumption is a must for bringing the case within its purview. F If the phrase is to be read disjunctively the mere proof of whole or any part of the article being "filthy	 putrid	 disgusting	 rotten . or insect infested" would be conclusive to bring the case within the mischief of this sub clause	 and it would not be necessary in such a case to prove further that the article was unfit for human consumption. We would prefer the first construction as it comports best with reason	 common sense	 realities	 the tenor of this provision and the main purpose and scheme of the Act. The adjectives "filthy"	 "putrid '	 "disgusting"	 "decomposed"	 470 "rotten". "insect infested" refer to the quality of the article and furnish the indicia for presuming the article to be unfit for human consumption. But the presumption may not be conclusive in a cases	 irrespective of the character of the article	 and the nature and extent of the vice afflicting it. ." In Dhanraj 's case (I.L.R. 1970 Delhi 681) the High Court construed this sub clause (f) thus: "The word 'otherwise ' in sub clause (f) of cl. (I) of sec. 2 does suggest that all the adjectives used earlier refer to the quality of the article being unfit for human consumption. To fall under that sub clause an article of food must be unfit for human consumption because it consists wholly or in part of any filthy	 putrid	 disgusting	 rotten	 decomposed or diseased animal or vegetable substance or because it is insect infested or on account of any other cause". On the basis of that decision it is stated as follows in the 	 published by the Eastern Book Company	 seventh edition	 with reference to section 2 (1) (f) of that Act thus: " The phrase "or otherwise unfit for human consumption" should be read conjunctively and not disjunctively	 that is	 in association with what precedes it. This sub clause would read like this: If the article is unfit for human consumption on account of (a) its consisting wholly or in part of any filthy	 putrid	 disgusting	 rotten	 decomposed or diseased animal or vegetable substance or being insect infested	 (b) or on account of any other cause. In this view of the sub clause proof of the unfitness of the article for human consumption is a must for bringing the case within its purview. Municipal Corporation	 Delhi vs Kacheroo Mal(l) (1) [1976] 2 S.C.R. I 471 All the adjectives used in this sub clause are presumptive and not an absolute test of the quality of the article being unfit for human consumption. To be more precise	 in the case of an article in respect of which the Rules do not prescribe any minimum standard of purity or any minimum proportion of insect infestation that would exclude in from the definition of "adulterated article" it will be a mixed question of law and fact whether the insect infestation is of such a nature	 degree and extent as renders the article unfit for human consumption. The opinion of the public analyst who examines and analyses the sample would constitute legal evidence. As an expert in the science he is competent to opine and testify about this fact. Municipal Corporation	 Delhi vs Kacheroo Mal[(1976) 2 SCR 1]". An equally strong ' Bench of this Court l has taken a different view in regard to section 2(1)(f) of the Act in Municipal Corporation of Delhi vs Tek Chand Bhatia(l)	 where A.P. Sen	 J. speaking for himself and Murtaza Fazal Ali	 J. has observed: " In Dhanraj 's case (supra) the High Court construed sub cl. (f) thus: "The word 'otherwise ' in sub clause (f) of cl. (l) of sec. 2 does suggest that all the adjectives used earlier refer to the quality of the article being unfit for human consumption. To fall under that sub clause an article of food must be unfit for human consumption because it consists wholly or in part of any filthy	 putrid	 disgusting	 rotten	 decomposed or diseased animal or vegetable substance or because it is insect infested or on account of any other cause	 We are of the opinion that the High Court was clearly wrong in its inter pretation of section 2(1)(f). On the plain language of the definition section it is quite apparent that the words 'or is otherwise unfit for human consumption ' are disjunctive of the rest of the words preceding them. It relates to a distinct and separate cclass altogether, It seems to us (1) [1980] I S.C.R., 910 472 that the last clause 'or is otherwise unfit for human consumption ' is residuary provision which would apply to a case not covered by or falling squarely within the clauses preceding it. If the phrase is to be read disjunctively the mere proof of the article of food being 'filthy, putrid, rotten, decomposed . Or insect infested ' would be per se sufficient to bring the case within the purview of the word 'adulterated ' as defined in sub cl. (f) and it would not be necessary in such a case to prove further that the article of food was unfit for human consumption. It is, however, pointed out that the construction placed by the High Court in Dhanraj 's case upon section 2(1)(f) of the Act has been received with approval by this Court in Municipal Corporation of Delhi vs Kacheroo Mal [(1976) 2 S.C.R.1] where it is observed that 'the construction placed by the High Court in Dhanraj 's case is the correct exposition of the law embodied in section 2(1)(f) '. It is added for the sake of elucidation that the adjectives which precede the phrase 'or is otherwise unfit for human consumption ' indicate presumptive but not absolute criteria as to the quality of the article of food. If we may say so with respect, we have reservations about the correctness of this decision, but it is not necessary to refer the case to a larger Bench. In Kacheroo Mal 's case it is observed: The phrase "or is otherwise unfit for human consumption" can be read conjunctively as well as disjunctively. If it is read conjunctively	 that is	 in association with what precedes it	 sub clause (f) with slight consequent rearrangement and parenthesis would read like this; "If the article is unfit for human consumption on account of (a) its consisting wholly or in part of any filthy	 putrid	 disgusting	 rotten	 decomposed or diseased animal or vegetable substance or being insect infested	 (b) or on account of any other cause ' In this view of the sub clause	 proof of 'unfitness of the article for human consumption ' is a must for bringing the case within its purview. If the phrase is to be read disjunctively	 the more proof of the whole or any part of the article being "filthy	 putrid	 disgusting	 rotten. . or insect infested" would be conclu 473 sive to bring the case within the mischief of this sub clause	 and it would not be necessary in such a case to prove further that the article was unfit for human consumption. We would prefer the first construction as it comports best with reason	 common sense	 realities	 the tenor of this provision and the main purpose and scheme of the Act. The adjectives "filthy"	 "putrid"	 "disgusting"	 "decomposed"	 "rotten". "insect infested" refer to the quality of the article and furnish the indicia for presuming the article to be unfit for human consumption. But the presumption may not be conclusive in all cases	 irrespective of the character of the article	 and the nature and extent of the vice afflicting it. This is particularly so	 where an article is found to be "insect infested. " With utmost respect	 we are not able to share this view and would hold that the observations made in the Judgment should be confined to the particular facts of that case. The decision in Kacheroo Mal 's case (supra) was largely based on the circumstances that the standard of quality and purity was not prescribed in respect of cashew nuts. Now that r. 48 B of the Prevention of Food Adulteration Rules; 1955 has been framed	 the decision in Kacheroo Mal 's case (Supra) is rendered inapplicable. " We also constitute a Bench of equal strength. Therefore	 I refrain from expressing any opinion as to which of the two aforesaid views is correct. Nor is it necessary for me to do so having regard to the facts of this case. Even if the nine worms found by the Public Analyst in the sample are considered to be insects	 the certificate of the Public Analyst does not support the case of the prosecution that the lal mirchi powder was adulterated	 for the Public Analyst ha not expressed his opinion that the lal mirchi powder was either worm. infested or insect infested or that on account of the presence of the meal worms the sample was unfit for human consumption. 'Therefore	 I am of the opinion that the prosecution has not established by any satisfactory evidence the requirement of section 2(1)(f) of the Act. Consequently	 no interference is called for with the judgment of the 474 High Court which	 as stated above	 has dismissed the criminal revision in limine. The appeal is accordingly dismissed. In my opinion	 the true meaning of Section 2(ia) (f) has been brought out in Municipal Corporation of Delhi vs Tek Chand Bhatia (supra) and the conclusion that 'it would not be necessary in such a case to prove further that the article of food was unfit for human consumption ' is a correct statement of the law. I agree with my learned brother that the evidence led by the prosecution is inadequate to warrant interference with the judgment of acquittal passed by the trying Magistrate and upheld by the High Court. I	 therefore	 agree that the appeal has to be dismissed.

Section 2(1) (f) of the Provides that an article of food shall be deemed to be adulterated if the article consists wholly or in part of any filthy	 putrid	 disgusting	 rotten	 decomposed or diseased animal or vegetable substance or is insect infested or is otherwise unfit for human consumption. The respondent was prosecuted for an offence under section 7 read with section 16 of the Act. The prosecution case was that a sample of lal mirchi powder was taken from the grocery shop of the respondent. On an analysis by the Public Analyst it was found that the sample contained nine living meal worms. Thor was no other evidence in support of the case of the prosecution that the lal mirch powder was adulterated. The learned Magistrate found that the prosecution had failed to prove that the lal mirchi powder was adulterated and acquitted the respondent. The High Court dismissed the Criminal Revision Petition filed by the appellant State in limine. Dismissing the appeal by the State	 ^ HELD: (I) The words 'worm '	 'infest ' and 'insect ' are defined in Webster 's New World Dictionary (1962 Edition). 'Worm ' means "any of many long	 slender	 soft bodied Creeping animals	 some segmented	 that live by burrowing underground or as parasites	 as the earth worm	 tapeworm	 'Infest ' means to overrun or inhabit in large numbers	 usually so as to be harmful or 465 bothersome	 swarm in or about. 'Insect ' means "any of a large group of small invertebrate animals characterized	 in the adult state	 by division of the body into head	 thorax	 and abdomen	 three pairs of membranes wings: beetles	 bees	 flies	 wasps	 mosquitoes	 etc. are insects. " The same meaning is given of the above three words in the Shorter Oxford Dictionary. Therefore	 it is not possible to hold that a worm and an insect are the same. [467C E] M/S Narkeklange Roller Flour Mills and another vs The Corporation of Calcutta 1973 (Prevention of Food Adulteration Cases) 257	 referred to. (2) Even if the nine worms found by the Public Analyst in the sample are considered to be insects	 the certificate of the Public Analyst does not support the case of the prosecution that the lal mirchi powder was adulterated	 for the Public Analyst has not expressed his opinion that the lal mirchi powder was either worm infested or insect infested or that on account of the presence of the meal worms the sample was unfit for human consumption. Therefore	 the prosecution has not established by any satisfactory evidence the requirement of Section 2(1) (f) of the Act. Consequently no interference is called for with the Judgement of the High Court. [473G H] Municipal Corporation of Delhi vs Kacheroo Mal ; 	 Municipal Corporation of Delhi vs Tek Chand Bhatia ; 	 held inapplicable. Per Varadarajan J. No opinion is expressed as to which of the two views expressed in Municipal Corporation of Delhi vs Kacheroo Mal	 ; 	 and Municipal Corporation of Delhi vs Tek Chand Bhatia [1980] I S.C.R.910 is correct	 Since this Bench also is of equal strength. Moreover	 it is not necessary to do so having regard to the facts of the present case. [473F ] Per Ranganath Misra 1. (concurring in the conclusion) The true meaning of section 2(1) (f) has been brought out in Municipal Corporation of Delhi vs Tek Chand Bhatia	 11980] I SCR 910 and the conclusion that 'it would not be necessary in such a case to prove further that the article of food was unfit for human consumption ' is a correct statement of the law. In the instant case	 the prosecution evidence is inadequate to warrant interference. [474B C]