TASLEEM AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In the present case the conviction was recorded against the applicant u/s.7/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) on the ground that the sample of biscuits taken from the shop of the applicant, which were kept in the shop for sale, were reported by the Public Analyst to contain alcoholic acidity of extracted fat of 2% as against the maximum permissible limit of 1.5%. The applicant was sentenced to six months' R.I. together with a fine of Rupees 1000.00. In default of payment of fine, he was required to undergo 2 months' imprisonment. The appellate Court upheld the guilt of the applicant and also the sentence. This revision is the outcome of the aforesaid conviction and sentence, which was admitted by this Court on 22-6-1984 only on the question of sentence.

(2.) Since the revision was admitted on the question of sentence, it is not necessary to go into the merits of the matter.

(3.) The applicant is a person dealing with the biscuits. Appendix B to the Rules framed under the Act contains the standards of quality of various articles of food. Item A.18.07 of appendix B relates to biscuits which says that biscuits shall be made from maida, vanaspati or refined edible oil or table butter or deshi butter or margarine or ghee or their mixture and it may contain any one or more of the following ingredients :- "Edible common salt; permitted anti-oxi-dents; emulsifying and stablishing agents; permitted preservatives and colours; leavening agents such as baking powder; ammonium bicarbonate; ammonium carbonate; butter, milk powder; cereals and their products; cheese; citric acid; cocoa; coffee extract; edible desiccoted coconut; dextross; fruits and fruit products; dry fruit and nuts; egg edible vegetable products; amylases and other enzymes; permitted flavoring agents; flavour improvers and fixers; flour improvers; ginger; gluten; groundnut flour milk and milk products; honey; jellyfying agents; liquid glucose; malt products; edible oilseeds; flour and meals; spices and condiments; edible starches such as potato starch and edible flour; sugar and sugar products; invert sugar; jaggery; protein concentrates and other nutrients; sodium bisculphites, sodium metabisculphite and other dough conditioners; vitamins, calcium and ferrous salts; potassium iodide, malic and lactic acids; tartaric acid vinegar and acetic acid; yeast:"