JASWINDER SINGH GIRDHARI LAL SIKANDER LAL BANARSI DAS MANOHAR LAL Vs. MUNICIPAL COMMITTEE AMRITSAR:MUNICIPAL COMMITTEE AMRITSAR:MUNICIPAL COMMITTEE AMRITSAR:MUNICIPAL COMMITTEE AMRITSAR:MUNICIPAL COMMITTEE AMRITSAR

JUDGEMENT

(1.) The appellants in all these five appeals by special leave were convicted by the High Court of Punjab and Haryana at Chandigarh of the offence under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (referred to as the Act hereinafter) and sentenced to six months' rigorous imprisonment and a fine of Rs. 1000/-; in defualt of payment of fine they were to undergo rigorous imprisonment for further two months. They were acquitted by the trial Court, and the Municipal Committee, Amritsar, appealed to the High Court against the orders of acquittal. The High Court found them guilty of being in possession of adulterated toria oil for sale and thereby committing an offence punishable under the aforesaid provision. The Municipal Food Inspector purchased the samples in each of these cases on December 12, 1967. It was conceded before the High Court that the samples purchased by the Food Inspector did not measure up to the standard laid down in the Act and the rules made thereunder for edible oils, but it was contended that toria oil, was not mentioned in the list of edible oils and was not an item for which any standard was prescribed. The High Court found that toria oil was really mustard oil and held that the offence was established. The trial Court had held that the rules framed under the Act which were in force at the time when the samples were purchased did not include toria oil in the list of edible oils. The trial Court also referred to the definition of 'mustard seed' as it stood when the samples were purchased.

(2.) Rule A.17.06 in appendix B to the Rules defines mustard oil as follows:

(3.) If toria oil did not fall within the definition of mustard oil, the trial Court would be obviously, right in taking the view it did. As will appear from the definition of mustard oil, it is oil expressed from mustard seeds belonging inter alia to the campestris variety of Brassica.It is not disputed that toria seeds belong to the compestris variety of Brassica. The amended definition of mustard seed only makes this clear. The previous definition of mustard seed referred to allied varieties of Brassica, and the amended definition specified the varieties. Thus toria oil falls squarely within the definition of mustard oil. That being so, the appeals fail and are dismissed. The appellants will surrender to their bail bonds and serve out the sentence imposed on them.