MUNICIPAL CORPORATION OF DELHI Vs. CHAND

JUDGEMENT

(1.) This is an appeal against the order of Shri B.L. Anand. judicial Magistrate, acquitting the respondent of the offence under section 7/16, Prevention of Food Adulteration Act, of selling adulterated Haldi powder.

(2.) The respondent is the proprietor of Ashok Masala Company. On December 29, 1970, Shri S.L. Mehra, Food Inspector, purchased 450 grams of Haldi powder packed in sealed plastic packets for analysis from the respondent. It was divided into three parts and put in three dry and clean bottles which were duly sealed. One of the sealed bottles was handed over to the respondent and one was sent to the Public Analyst. On analysis the Haldi- was found to be adulterated due to the presence of sodium chloride and artificial coal-tar dye. During the trial the sample was sent to the Director of Food Laboratory, Calcutta, at the request of the respondent. The result of analysis was :... ...... Lead : 1.8 p p.m. (on dry base). Salt (sodium chloride) : 2.9%. The learned magistrate found that under Rule 57 of the Prevention of Food Adulteration Rules, lead to the extent of 2.5 part per million weight was permissible in Haldi. He also came to the conclusion that the addition of sodium chloride as a preservative is permitted under Rule 53, and acquitted the respondent

(3.) Mr. K.B. Kaira, learned counsel for the appellant, submits that the standard for Haldi given to item A. 05.01 (before its amendment by G.S.R. 1533 dated July 8, 1968) of Appendix 'B' to the Prevention of Food Adulteration Rules, 1955, permitted 2.5 parts per million of lead in Haldi but, after the amendment, the standard for Haldi given in item .No. A. 05.20 and standard for Haldl powder given in item No. A 05.21 are silent about the presence of lead. It is thus contended that the presence of lead, which is a poison, is completely prohibited in Haldi and Haldi powder.