STATE Vs. K R BALAKRISHNAN

JUDGEMENT

(1.) THIS is an appeal by the State represented by the Public Prosecutor against the order of acquittal passed by the Chief Judicial Magistrate, Madurai acquitting the respondent in respect of an offence under Section 2(ia)(a) and Rules 44(g) and 47 read with Sections 7(1) and 16(1)(a)(ii) of the Prevention of Food Adulteration Act.

(2.) THE prosecution case was that on 19th April, 1979 at about 10.00 a.m. the Food Inspector of the Madurai Corporation visited the tea shop of the respondent at South Masi Street at Madurai where he was selling tea and coffee to the public. THE Food Inspector purchased a cup of tea without sugar and he took samples of the same according to Rules in the presence of the respondent and served notices on him. On analysis, it was found that the sample contained 80 parts of saccharin per million parts in contravention of Rules 47 and 48(g) of the Prevention of Food Adulteration Rules. Ex.P-.10 is the report of the Public Analyst. Rule 47 of the said Rules prohibits adding of saccharin to any article of food except carbonated waters. Obviously, the sample of tea is not carbonated water, and as such the addition of saccharin was prohibited. Hence the complaint.

(3.) IN construing the Rules, the lower Court has omitted to read Rule 44 and Rule 47 together in a harmonious way. Of course, there may be some ambiguity in Rule 47, but it has to be construed in such a way as to harmonise with Rule 44, and if this is done, there will be no difficulty in concluding that the use of saccharin in tea even if it conforms to the standard laid down in A.07.10 of Appendix B is prohibited. The result is, A.07.10 of Appendix B does not permit addition of saccharin 1o tea decoction and Rule 47 read with Rule 44(g) of the Prevention of Food Adulteration Rules clearly prohibits the same. Consequently, the appeal is allowed and the order of acquittal is set aside and the respondent is convicted under Section 2(1)(a) and Rules 44(g) and 47 read with Sections 7 (1) and 16(1)(a)(ii) of the Prevention of Food Adulteration Act.