Chandrachud, C. J. - (1.) On Nov. 13, 1968 a sample of broken cashewnut was taken from the shop of the appellant Paramjit Singh. The sample was analysed three days later. The report of the public analyst dated November 21, 1981, shows that the sample was 'insect infested' to the extent of 6.93 per cent. On these facts the appellant was tried for an offense under S. 7 (1) read with S. 16 of the Prevention of Food Adulteration Act, 1954 ("The Act"). The trial Court by its judgment dated Sept. 25, 1972, acquitted the appellant but in appeal the High Court of Delhi by its judgment dated Oct. 11, 1979 convicted the appellant and sentenced him' to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000. Being aggrieved by that judgment, the appellant has filed this appeal by special leave.
(2.) Section 2 (ia) (f) of the Act provides that an article of food shall be deemed to be adulterated "if the article consists wholly or in part of any filthy, putrid, rotten, decomposed or diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human consumption". Mr. V. S. Desai who appears on behalf of the appellant contends that there is no evidence in this case to show that the presence in insects in the cashewnuts was of such an order or to such an extent that by reason thereof, the cashewnuts could be said to be unfit for human consumption. He urges that the words 'insect infested' cannot be understood to mean merely that the presence of insects was found in the article of food. The word 'infested', according to the learned counsel, connotes the presence of insects of a magnitude or extent which makes the article unfit for human consumption. In support of this submission reliance is placed on a two Judge Bench judgment of this court in Municipal Corporation of Delhi v. Kacheroo Mal, (1976) 2 SCR 1.
(3.) Mr. Prem Malhotra who appears on behalf of the Municipal Corporation of Delhi has, on the other hand drawn our attention to another judgment of this court in Municipal Corporation of Delhi v. Ram Swarup, AIR 1980 SC 174, which was rendered by a three-Judge Bench. The learned Judges, in that case, expressed their "reservations about the correctness" of the decision on which Mr. Desai relies, but they distinguished it.;