KIMTI LAL Vs. STATE

JUDGEMENT

(1.) The petitioner Kimti Lal has a sweet-meat shop at Ring Road Market, Sarojini Nagar. On Sept. 35, 1971, Food Inspector R.C. Kapur visited the shop of the petitioner. The petitioner had about a kilo of chillies (Lal Mirach) powder in a tin which he wag using in the preparation of Pakora, Samosa, Choley etc. The Food Inspector purchased a sample of 450 grams of red chillies powder from the petitioner for the purposes of analysis. The Food Inspector divided the sample in three equal parts and poured each part in a clean and dry bottle. After fastening and sealing the bottles, the Food Inspector gave one part of the sample to accused, one part was sent to the Public Analyst and the third part was retained by the Food Inspector. The sample was analysed by the Public Analyst who found it to be adulterated due to the presence of added colouring matter. On receipt of the report of the Public Analyst, the Municipal Prosecutor filed a complaint under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter called "the Act") against the petitioner. Mr. K.B. Andley, Additional Chief Judicial Magistrate, who had tried the case, found the petitioner guilty of the offence charged with and sentenced him to rigorous imprisonment for 6 months and a fine of Rs. 1000.00 and in default of payment of fine to undergo further rigorous imprisonment for 4 months.

(2.) Against his conviction and sentence, the petitioner went in appeal to the Court of Sessions. Mr. D.C. Aggarwal, Additional Sessions Judge, who heard the appeal, affirmed the conviction and sentence of the petitioner and dismissed the appeal. Dissatisfied with the judgment of the Additional Sessions Judge, the petitioner has come in revision to this Court. The factum of the taking of the sample of red chillies powder from the petitioner by the Food Inspector and the sample having been found to be adulterated with added colouring matter was not assailed before me.

(3.) Mr. Ghanshiam Dass, learned Counsel for the petitioner, contended that there was no legal bar to the petitioner using permitted coal-tar dyes in the preparation of Samosa, Pakora etc. under rule 29 of the rules framed under the Act and therefore the presence of colouring matter in chillies, which was being used in preparation of Samosa, Pakora etc., would be no offence. The standard of chillies powder has been laid down in rule A.05.05.01 of Appendix B to the Prevention of Food Adulteration Rules and it provides that chilli powder shall be free from added colouring matter, oils and flavouring matters. Rule 27 provides that except as otherwise provided in the rules the colouring principles specified therein may be used in or upon any articles of food. This rule will have no application since rule A.05.05.01 mentioned above expressly prohibits the use of any colouring matter in red chillies. Rule 29 permits the use of permitted coal-tar dyes in the articles of food enumerated therein. This rule will have also no application. The article of food taken from the petitioner was red chillies. The rule providing for the standard of purity for the red chillies does not permit the use of any colouring matter including coal-tar dyes in the chilli powder.