KHALID Vs. FOOD INSPECTOR

JUDGEMENT

(1.) The petitioners are the accused in c. C. No.49/2004 in the court of the Judicial First Class Magistrate-I, mananthavady with respect to the offence under Sec.16 (1-A) (i) read with Sec.2 (ia) (h), 7 (1) and A-15-01 of Rule 5 Appendix B of the prevention of Food Adulteration Act and the Rules. The accused are the seller, the distributors and the manufacturer of Knorr Annapurna iodized salt. It is the case of the petitioner that the analytical report is totally and absolutely erroneous. The standard applied to detect the alleged adulterant is manifestly incorrect. It is pointed out that the detection of the alleged adulterant i. e. glass pieces is based on I. S. I. Handbook Part IV, which is meant exclusively for determining the adulterants in food grains. It is further contended that the sodium silicate pieces which could be added as per Rule 62 of the Prevention of Food Adulteration Rules as anti-caking agent was included in the commodity and the same has been taken as glass pieces. The manufacturer is entitled to include the anti-caking agent.

(2.) It is further pointed out that it is possible that the sample was tested on the basis that it is iodized salt simpliciter instead of free flowing iodized salt. The sample was taken from the packet that contained the label free flow salt that is mentioned in the Public Analyst's report, i. e. Annexure-D. Counsel has relied on the Condensed Chemical Dictionary (Gessner g. Hawley) that sodium silicate is the same as water glass which is simplest form of glass. Hence it is submitted by the counsel that the content analysed was free flow salt but the Analyst has examined the sample as iodized salt and hence the mistake has occurred. It is further pointed out that the percentage detected is only.01 %. It is submitted that the Analyst has evidently taken sodium silicate which was added as an anti-caking agent as pieces of glass which itself was of a minute percentage. The counsel has also pointed out that as per the Condensed Chemical Dictionary (Gessner g. Hawley)anti-caking agent is described as an additive used primarily in certain finely divided food products that tend to be hygroscopic to prevent or inhibit agglomeration and thus maintain a free-flowing condition. Such substances as starch, calcium metasilicate, magnesium carbonate, silica, and magnesium-stearate are used for this purpose in table salt, flours, sugar, coffee, whiteners and similar products. Counsel has produced copy of I. S. I. Handbook Part-IV of the same which as per the Analyst's report is the standard adopted. I find the above does not contain any test for salt as such or the test for detecting glass pieces. Part-IV is only with respect to food grains and food grain products.

(3.) In the circumstances and in view of the above contentions which I find cannot be assailed the test report of the Public Analyst on the basis of which the prosecution has been launched is evidently erroneous. An incorrect report of the Public Analyst cannot be the basis for a prosecution in a serious offence for which the statute prescribes mandatory imprisonment.