LAWS(KER)-1964-5-5

EXECUTIVE AUTHORITY OF VILAKUDY PANCHAYAT Vs. JANARDHANA RO

Decided On May 22, 1964
EXECUTIVE AUTHORITY OF VILAKUDY PANCHAYAT Appellant
V/S
JANARDHANA RO Respondents

JUDGEMENT

(1.) The Executive Authority of the Vilakudy Panchayat has filed this appeal after obtaining special leave against the order of the Sub Magistrate, Punalur, acquitting the accused who had been prosecuted for failure to take out a licence under Bye law 20 for storing Arishtams and Asavams which are chemical preparations. The learned Magistrate acquitted the accused on the ground that Arishtams and Asavams which admittedly were stocked by the accused would not come within the term 'chemical preparations' and therefore no licence need be taken. He was tried originally in C. C. 445 of 1961 and on appeal against the order of acquittal the case was remanded back to the Magistrate for a definite finding whether Arishtams and Asavams would come within the term 'chemical preparations'. In the retrial that followed the prosecution examined one additional witness Pw. 5 who was the executive authority of the Punalur Panchayat to prove that the accused was taking out a licence for his Vaidyasala in the Punalur Panchayat. Two witnesses were examined for the defence, Dw. 2 a Retired Principal of the Ayurvedic College, Trivandrum and Dw. 3 the Director of Indigenous Medicines of the Kerala State. On the evidence of these witnesses the learned Magistrate came to the conclusion that it would not amount to chemical preparations.

(2.) It could be seen from any text book on Elementary Chemistry that 'a chemical change' is one which involves change in the chemical composition and chemical properties of a substance, be it a chemical element or compound, whereas 'a physical change' involves a change only in the physical state of a substance without any change in its chemical composition or properties. The conversion of water into ice or steam, and of salt going into solution in water are examples of physical changes. On the other hand, the conversion of water into its constituent elements, viz., Hydrogen and Oxygen is an example of a chemical change since the chemical composition and properties of these resultant products are different one from the other and also from the parent substance, namely, water. Books on chemistry show that sugars, such as, sucrose (cane sugar), fructose (fruit sugar), glucose (grape sugar) etc., are converted into alcohols by fermentation, that sugars and alcohols have differing chemical compositions and chemical properties, and that the conversion of sugar into alcohol involves a chemical change. It is not disputed in this case that the accused has been processing jaggery juice into Asavama and Arishtams, that is to say, preparations containing certain percentages of alcohol. It is not necessary for the purpose of this case to go into the details of this processing. The chemical composition and properties of alcohol contained in 'Asavams' and 'Arishtams' are different from those of jaggery. I am, therefore, unable to place any reliance on the evidence of the so called expert witnesses and I find that the preparation of Asavams and Arishtams would come within the meaning of the term 'chemical preparations' and as such the accused was bound to take out a licence. The acquittal of the accused has, therefore, to be set aside.

(3.) In the result, the acquittal of the accused is set aside. He is found guilty and convicted of the offence charged and is sentenced to pay a fine of Rs. 10/-, in default to suffer simple imprisonment for a period of three days. Time for payment of fine two weeks from this date.