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1980 DIGILAW 740 (ALL)

Vishwanath v. State of U. P

1980-08-08

V.K.KHANNA

body1980
JUDGMENT V.K. Khanna, J. - The applicant has been prosecuted under section 7/16 of the Prevention of Food Adulteration Act. 2. According to the prosecution on 26th July, 1977 at about 3.40 P.M. the Food Inspector, Nagar Mahapalika, Varanasi purchased 450 gms of Haldi powder from the applicant's shop at Varanasi. The sample was sent to the Public Analyst for analysis and was found to be adulterated. The trial court found the applicant guilty and awarded him the minimum sentence of six months' imprisonment and a fine of Rs. 1000/-.Feeling aggrieved, the applicant preferred an appeal which has also been dismissed. 3. In the present revision the learned counsel for the applicant has urged that the standard of Haldi powder has been prescribed in Appendix B.A. 05.20.01 which should contain ash insoluble in dilute HC1 as not more than 1.5 percent by weight. It has been urged that the Public Analyst has only indicated in his report that the sample contained 2.57 pet cent ash insoluble in dilute HC1. It has been urged that the word by weight has not been written. I am unable to agree with submission made by the learned counsel for the applicant for the reason that it would be presumed that the Public Analyst found the percentage by weight and there is no reason why he will find the percentage by any other method. 4. It has then been urged that the Public Analyst has not expressed the opinion as to whether the ingredients present in the sample on analysis were injurious to health and unfit for human consumption. It has also been urged in this connection that the insoluble ash content found to be in excess are of very minor nature and thus the accused should not be held guilty. The Supreme Court in the case of Municipal Committee, Amritsar v. Hazara Singh 1975(1) FAC 271 has held "The standard fixed under the Act is one that is certain. If it is varied to any extent, the certainty of a general standard would be replaced by the vagaries of a fluctuating standard. The disadvantages of the resulting unpredictability, uncertainty and impossibility of arriving at fair and consistent decisions are great." It is, therefore, clear that when one standard has been fixed and if the sample is not in conformity with that standard, the offence is complete. The contention has, therefore, no force. 5. The disadvantages of the resulting unpredictability, uncertainty and impossibility of arriving at fair and consistent decisions are great." It is, therefore, clear that when one standard has been fixed and if the sample is not in conformity with that standard, the offence is complete. The contention has, therefore, no force. 5. It has then been argued that the Haldi powder is a primary food. Primary food has been defined in Section 2 (xii-a) as meaning any article of food being a produce of agriculture or horticulture in its natural form. Haldi powder by any stretch of imagination could not be said to be produce of agriculture or horticulture in its natural form. This argument has also no force. 6. No other point has been pressed before me. 7. For (he reasons stated above the present revision fails and is dismissed. The applicant is on bail. He shall surrender forthwith to his bail-bonds failing which he shall be taken into custody and sent to jail to serve out the sentence awarded to him. His bail bonds are cancelled.