OM PRAKASH Vs. STATE

JUDGEMENT

(1.) While hearing arguments in Criminal Revision No, 280 of 1980 (Om Prakash v. State) a learned single Judge of this Court was faced with the problem whether or not the presence of Tisi oil in the ratio of less than 7% in a sample of mustard oil purchased from a vendor by the Food Inspector, would make the mustard oil "adulterated" so as to attract the provisions of Sections 7 and 16 Prevention of Food Adulteration Act. He has, therefore, referred the following question for decision by a larger Bench:

(2.) So far as sale of admixture of two varieties of edible oils as particular oil is concerned, the Bench has observed in Badri Prasad's case (supra) that:

(3.) In Santosh Kumar Datta's case (1975 Cri LJ 1330) (supra) it was observed by a learned single Judge of Gauhati High Court that where in the sample of mustard oil all the ingredients of that oil were found to be within limits prescribed in Item A 17.06 of Appendix B edible oil of any other quality, if found did not exceed 7 per cent the mustard oil could not be deemed to be "adulterated". Citing this decision with approval the Division Bench of this Court laid down in Badri Prasad's case (1979 Cri LJ 1095) (supra) that (para 12): We may, however, observe that it does appear that a mixture of other edible oils up to a limit of 7'% is permissible in law with mustard oil in view of Rule 5 and Items A-17.06 and A-05.15 appearing in Appendix B of the Rules. Admixture of Argemone Mexicana Linn with mustard oil is prohibited as it is injurious to health. Mixture of edible oils up to a limit of 7% with mustard oil can be said to be permissible keeping in view the standard laid down for purity of mustard seeds in these Rules. In this connection, we may refer to the observations made by the Gauhati High Court in Santosh Kumar Datta v. Chairman, Sapatkram Small Town Committee (1975 Cri LJ 1330) These provisions are understandable as it is practically impossible to prevent admixture of a small percentage of oil seeds of other varieties with mustard seeds which are very small in the size. Even if the admixture of other edible oils does not exceed 7% the mustard oil must conform to the standard laid down in Item No. A-17 in Appendix 'B' of the Rules.