STATE OF GUJARAT Vs. NAVALCHAND THAKARSHI

JUDGEMENT

(1.) * * * *

(2.) So far as the case against accused No. 1 is concerned, it goes without saying that it was a firm and accused No. 2 was in-charge of the firm. There is sufficient evidence that the firm can be convicted. The Magistrate has not relied on the certificate as he was impressed by the evidence of Public Analyst who was examined by the accused. It is clear that sample was examined for the purpose of Baudouin's test. What was the percentage of sesame oil has not been determined but from the sample of 5 cc of Ghee, the test was carried out which has indicated the presence of sesame oil by Baudouin's test. What the Act requires is that Baudouin's test should be carried out and the result must be in negative meaning thereby there should be no presence of sesame oil and if the Baudouin's test indicates positive then the sample is not according to the standard. Under the Act, it is not necessary for the expert to find out the percentage of sesame oil. Mr. Yagnik, learned Advocate, drew my attention to a book "Food Analysis" written by Woodman, Associate Professor of Analytical Chemistry, Emeritus, Massachusetts Institute of Technology, 4th Edition, at page 210. The Author has observed as under :

(3.) So far as sesame oil is concerned, David Pearson in "the Chemical Analysis of Foods" 1962 Edition at page 421 has referred to sesame oil : "That is fixed oil extracted from the seeds of Sesamum indicum L. The B. P. describes sesame oil as a pale yellow oil which does not solidify when cooled to 0 degree Centigrade. The B. P. (British Pharmacopia) requirements include weight per ml at 20 degree Centigrade 0.916 to 0.919. refractive index at 20 degree Centigrade 1.472 to 1.476, iodine value 103 to 116, saponification value 188 to 195, acid value 2% maximum. The B. P. also requires Halphen's test for cottonseed oil to be negative. The red colour formed in Baudouin's identity test is due to the presence of a phenolic substance sesamol in sesame oil. This substance is, however, destroyed by heat and no reaction takes place with oils which have been heated at 200 degree Centigrade. The iodine value of sesame oil is somewhat higher than that of clove oil."