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Issues: Whether a prosecution for adulteration under Section 2(1)(f) of the Prevention of Food Adulteration Act, 1954 could succeed where the public analyst found only nine living meal worms in the sample but did not state that the article was insect-infested, worm-infested, or unfit for human consumption.
Analysis: The sample of lal mirchi powder was tested and the public analyst reported the presence of nine living meal worms. There was, however, no further opinion in the report that the sample was insect-infested or worm-infested, and no opinion that it was unfit for human consumption. On that footing, the evidence did not establish the statutory requirement of adulteration. The Court did not finally choose between the competing views on whether the phrase "or is otherwise unfit for human consumption" in Section 2(1)(f) is to be read conjunctively or disjunctively, because on the facts the prosecution case failed even otherwise.
Conclusion: The prosecution failed to prove adulteration within Section 2(1)(f) of the Prevention of Food Adulteration Act, 1954, and the acquittal was not interfered with.
Ratio Decidendi: A conviction for adulteration under Section 2(1)(f) cannot rest merely on the presence of worms in the sample unless the evidence also establishes, in the form required by the statutory definition, that the article was insect-infested or otherwise unfit for human consumption.