M N RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE two accused in C. C 76 of 1975 on the file of the Judicial First Class Magistrate, Ettumanoor are the re -vision petitioners.

(2.) AT 11 -30 A.M. on 17 -12 -1974, the Food Inspector, Kaduthuruthy Panchayat purchased 600 grams of cumin seeds from the first petitioner who was conducting sales in shop No. K.III -12 of the Kaduthuruthy Panchayat. The sample was divided into three parts and was packed and sealed in three glass bottles. One of the bottles was entrusted to the' first petitioner, the second bottle was sent to the Public Analyst, Trivandrum and the third bottle was retained with the Food Inspector for production in Court. The Public Analyst reported that the sample consisted of - Cumin seeds - 86.7 per cent byweight. Extraneous seeds - 9.0 per cent byweight.Extraneous matter including) | 4 -3 per cent by dust, stones, lumps of earth | weightstem etc.| As per the standard fixed for cumin seeds in Appendix B of the Prevention of Food Adulteration Rules, 1955 - A.05.09 - the proportion of extraneous matter including dust, stones, lumps of earth, chart, stem or straw shall not exceed 7.0 per cent by weight and the proportion of edible seeds other than cumin seeds shall not exceed 5.0 per cent by weight The Public Analyst, therefore, reported that the sample sent was adulterated. The report is Ext. P5. A complaint was, therefore, filed against the first petitioner. After the first petitioner entered appearance, a motion was made by the Food Inspector for impleading the second petitioner on the ground that the licence of the shop stood in his name. The second petitioner was thereafter made the 2nd accused in the case. After the trial began, the first petitioner filed an application under Section 13(2) of the Prevention of Food Adulteration Act as it stood on the relevant date for sending the sample entrusted to him to the Director of Central Food Laboratory. On 13 -5 -1975, the Magistrate sent a requisition to the Director with the concerned sample. On examining the package, the Director suspected foul play. He sent a confidential communication to the Magistrate on 12 -6 -1975 to the following effect: On examination of the package it has been found that the seals and the fastening of the sample package are very fresh and appears to have been performed recently. Further the sample superficially looks very excellent and well cleaned. Such types of samples are usually not available in the market. Hence it is suspected that the contents may have been changed before sending the sample to the Laboratory. This is for your kind information. However, analysis is being done and the sample will be reported in due course. The report of analysis was sent to the following effect on 1 -7 -1975: Physical examination ... Excellent, unusuallywell -cleaned free from dust and dirt.Extraneous matter as ... 0.3%.defined -Seeds other than ... 0.3%.cumin seeds.Coaltar dye ... Absent.Microscopical exami ... Cuminum Cyminum nation. ... (L) presentForeign organic structure absent. Opinion : The sample of Cumin whole is suspected to be tampered with before sending to this laboratory. This had been intimated before the analysis was undertaken. The report also stated that the seals were intact. This report is marked Ext. Dl.

(3.) THE trial court held on the basis of the above report that the petitioners were guilty of offences punishable under Section 16(1)(a)(1) read with Section 7(i) of the Prevention of Food Adulteration Act. The petitioners were accordingly convicted and sentenced to undergo simple imprisonment for one day and to pay a fine of Rs, 1,000 each and in default to undergo simple imprisonment for four months each. The conviction and sentence were confirmed in appeal by the Additional District and Sessions Judge, Kottayam. The revision petition is filed challenging the above conviction and sentence.