BHAGWAN DASS TANEJA Vs. STATE

JUDGEMENT

(1.) A sample of 'saunF was taken by a Food Inspector from the shop of Bhagwan Dass Taneja on the morning of 11-11-1975. At the time, Bhagwan Dass was not there, but his brother Jeet Lal who has his own shop adjacent to that of Bhagwan Dass, was there. The sample was divided into three parts and sealed in separate bottles. One of them when sent to Public Analyst, brought the following report : <FRM>JUDGEMENT_268_DRJ7_1984Html1.htm</FRM> the same is adulterated due to the presence of 7.29 per cent Insect damaged seeds."

(2.) During the course of evidence before the trial colirti, Dr. S V. Pingle who was examined by the prosecution stated that insect damage upto '5/o is not taken exception to nor treated as unfit for human consumption. In fact by amendment introduced in standard of quality for 'saunf in item A.05.22, it has now been recognised from 2-10-1976 that the extent of insect damaged matter should not exceed 5/o by weight. Thus upto 5% level .of ' insect damage the 'saunf is not treated as adulterated.

(3.) In the present case, however, [the insect damage percentage was found to be 7.29. The same had, therefore, to be treated as adulterated. I am unable to lay any emphasis on the contention raised from the side of the petitioner that it had not been specified by the Public Analyst that the said percentage arrived at by weight or count. 'Saunf is not an article which is sold by count. It is also not of such size that single pieces are separately consumed. The approach in such matters has not to be divorced from realities or fanciful. Rather it is how the people and society generally purchase and consume the same. Unlike cashew nuts, which are mostly eaten in single pieces, 'Saunf is eaten or consumed by quantity only and not counts?.