(1.) A sample of 'saunf' was taken by a Food Inspector from the shop of Bhagwan Dass Taneja on the morning of 11-11-1975. At the time, Bhagwan Dass was not there, but his brother Jeet Lal who has his own shop adjacent to that of Bhagwan Dass, was there. The Sample was divided into three parts and sealed in separate bottles. One of them when sent to Public Analyst, brought the following report :
(2.) DURING the course of evidence before the trial court, Dr. S.V. Pingle who was, examined by the prosecution stated that insect damage upto 5% is not taken exception to nor treated as unfit for human consumption. In fact by amendment introduced in standard of quality for 'saunf' in item A.05.22, it has now been recognised from 2-10-1976 that the extent of insect damaged matter should rot exceed 5% by weight. Thus upto 5% level of insect damage the 'saunf' is not treated as adulterated.
(3.) AS regards the taking of the sample, its division into three parts and other formalities, I need not refer to them here as there is no infirmity in the concurrent findings of the two courts below that they were properly done.