ORDER :- The petitioner, the owner of a tea factory, has been convicted under Sections 7 (1) and 16 (1) (a) of the Prevention of Food Adulteration Act and sentenced to rigorous imprisonment for 9 months and a fine of Rs. 1,000/, by the Sub-Divisional Magistrate; and the conviction and sentence have been confirmed in appeal by the Sessions Judge. The charge against the petitioner was that he sold tea adulterated by adding prohibited coal-tar dye. 2. The Food Inspector visited the tea factory on 28th January, 1967 and purchased 375 grams of tea dust from a stock stored and exposed for sale. The sample was divided into three parts and packed and sealed in three clean dry bottles; one bottle was handed over to the petitioner, another was sent to the Public Analyst the same day and the third was retained with the Food Inspector. The report of the Public Analyst (Ex. P6) appears to have been signed on 7th May, 1967; and the prosecution was started on 4th July, 1967. The prosecution witnesses were examined on 15th July; and thereafter, the petitioner applied for having his sample tested by the Central Food Laboratory. On 18th July, the sample was sent to the Central Food Laboratory; and Ex. C1 dated 10th August, 1967, is the certificate issued by the Director of the Central Food Laboratory. Several contentions have been raised and have also been considered by the Lower Courts. Before me the main question argued relates to the validity, effect, etc., of the certificate of the Director of the Central Food Laboratory. 3. The standard that tea has to satisfy is prescribed by A. 14 in Appendix B of the Prevention of Food Adulteration Rules. A. 14 is as follows : "Tea means tea derived exclusively from the leaves, buds and tender stems of plants of the Camellia genus and tea species. It shall conform to the following specifications : (a) Total ash determined on tea dried to constant weight at 100C. 5.0 to 8.0 per cent Not less than 40.0 per cent of total ash. (c) Ash insoluble in HCl. Not more than 1.0 per cent. (d) Extract obtained by boiling dry tea (dried at constant weight at 100C.) with 100 parts of distilled water for one hour under reflux. (b) Total ash soluble in boiling distilled water. Not less than 35 per cent.
(c) Ash insoluble in HCl. Not more than 1.0 per cent. (d) Extract obtained by boiling dry tea (dried at constant weight at 100C.) with 100 parts of distilled water for one hour under reflux. (b) Total ash soluble in boiling distilled water. Not less than 35 per cent. (e) Alkalinity of soluble ash. Not less than 1.3 per cent. and not more than 2 per cent. expressed as K=O. (f) Crude fibre. Not more than 15 per cent. It shall not contain any added colouring matter." Ex. P6, the report of the Food Analyst, discloses :