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ARGUMENTS AND FINDINGS.

12.I have heard both the sides at length and have given my conscious thought and prolonged consideration to the material on record, relevant provisions of law and the precedents on the point. The SPP has argued that as the case is well proved and the accused is liable to be convicted. Ld. Defence counsel for accused, on the other hand, has vehemently argued that no live or dead insects were found by the Food Inspector at the time of sampling and mere presence of two live insects and two dead insects by the Public Analyst after a period of about fifteen days from the day of sampling does not amount to adulteration, and drew my attention in respect of authorities reported as XII-1990 All India PFA Journal 573 ; 1979 (II) PFA Cases 138; 1983 (II) PFA Cases 87 ; 1972 PFA Cases 335.

Report of Public Analyst.

13. In the present case, report of the Public Analyst dated 24.10.05 is Ex. PW1/F and as per opinion of the Public Analyst, the sample is Adulterated because it is infested with Dead and living insects, and it is mentioned in the report that two living insects and two dead insects were found in approximate 500 gms of sample.

14.The main contention of the Ld. Defence counsel is that no live or dead insects were found by the Food Inspector or SDM/LHA at the time of sampling and the mere presence of two live insects and two dead insects in whole sample of Dal Channa was a subsequent growth as eggs of the insects usually floats in the air and an egg can hatch at any moment. Ld. Defence counsel further argued that Public Analyst analysed the sample from 13.10.05 to 19.10.05 and during this period, the insects can develop in the sample bottles itself.

16. In a Criminal Appeal No. 158/1988 titled as State Vs Jehmat Mal, wherein it is held by Hon'ble Mr. Justice S.N. Dhingra, High Court of Delhi as under:-

''Law also permits foreign matters up to one percent out of which 0.10% can be impurities of animal origin. Thus, in food grains presence of impurities of animal origin like Rodent excreta are not ruled out and mere presence of Rodent excreta the food grain can be called as adulterated food grain unless the quantity exceeds the limit provided by law. In the present case 01 full Rodent excreta or 08 pieces of small Rodent excreta in 300 gms by no imagination can be said that exceeding 0.1 percent of 300 gms. Similarly presence pf 07 living and 15 dead insects is natural as the law recognizes presence of weevilled grains which means those grains whose kernels are wholly or partially bored by grains. If insects bore the kernels, many a time insects are very likely to be present in kernel and keep moving in and out of the food grains. The presence of living or dead insects is not adulteration unless the quantity of insects infested grains exceeds the prescribed limit. It was not the case of prosecution that the percentage of insect infested food grains was more than the prescribed quantity. I find that the Trial Court was justified in acquitting the accused there is no force in the appeal. The appeal is hereby dismissed.''

19. In an authority reported as 1985 (2) C.L.R. 483, it was held by the Hon'ble Supreme Court as under:-

(c) Insect-infested Connotation of ' Insect' and 'worm' are distinct from each other- Mere presence of 9 living meal worms in an article of food held to be insufficient to render the article adulterated in terms of S.2 (1)(f) of Prevention of Food Adulteration Act, 1954.''

20. Reverting back to the facts of the present, no live or dead insects were found by the Food Inspector or SDM/LHA at the time of sampling and as per report of the Public Analyst, weevilled grains were found only 0.31% against maximum 3% as provided in the standard of 'Dal Chana' in item No. A.18.06.12 of Appendix 'B' of PFA Rules. Therefore, relying upon the law as discussed above, I am of the considered opinion that mere presence of two live and two dead insects after one week from the day of sampling, does not amount to adulteration when at the time of sampling, no live or dead insects were found by the Food Inspector or SDM/LHA in the sample of Dal Channa. In result, complaint stands dismissed and the accused is acquitted. Bail bond stands cancelled. Surety discharged. File be consigned to the record room.