DEV RAJ Vs. STATE AND M.C.D.

JUDGEMENT

(1.) On 27-11-1976 Dev Raj, a Halwai, was sentenced to rigorous imprisonment for six months, a fine of Rs. 1000.00and in default of the payment of the fine to six months further rigorous imprisonment by Shri J.D. Kapoor, Metropolitan Magistrate, Delhi, under section 16 read with section 7 of the Prevention of Food Adulteration Act. The appeal filed in the Court of Session against the said Order was dismissed by the Additional Sessions Judge What I am disposing of is a revision petition preferred against the aforesaid conviction and sentence.

(2.) The case arose from the purchase of 1500 grams of Kaju (cashew nuts) claimed to have been fried in Ghee from Dev Raj by Shri T.R. Tuli, a Food Inspector, on 28-10-1975. A part of the sample of the nuts so acquired was despatched to the Public Analyst and according to his report dated 4-11-1975 it was adulterated because of the same having been fried in a mixture of vanaspati and Ghee as the extracted fat is 17.8 deficient in Reichert Value and 7.2 excess in B.R. Value at 400C and the Baudouin Test positive. Moreover, there was 2.27% excess in insect damaged Kajus by count also. Another part of the sample bought by the Food Inspector was sent to the Director, Central Food Laboratory at Calcutta, at the instance of the accused. According to the Director the Ghee used in the frying did not conform to the standard prescribed under the Prevention of Food Adulteration Rules, besides the sample contravened Rule 48B. Because of the aforesaid reasons the food article was declared to be adulterated. Dr. B.R. Roy, the Director of the Central Food Laboratory, Calcutta, was examined at the trial and I called him for further statement in the course of the hearing of the present revision petition because his previous testimony at the trial did not make the matter in dispute wholly clear.

(3.) The Public Analyst noted on examination of the nuts in dispute that insect infestation was absent but he remarked at the same time that the insect damaged Kajus were 7.27% count and thus number was 2.27% in excess of the prescribed standard. The Director of the Central Food Laboratory stated that 25.6% nuts were insect infested but he did not speak of any damage to the said nuts and in result Rule 48B of the Prevention of Food Adulteration Rules, 1955 cannot admittedly be invoked by the prosecution.