LAWS(BOM)-1953-9-22

STATE Vs. MADAN DHANJI

Decided On September 18, 1953
STATE Appellant
V/S
Madan Dhanji Respondents

JUDGEMENT

(1.) THIS is an appeal by the State of Bombay against the acquittal of the accused Madan Dhaiiji who was charged under Section 4(7)(a) of the Bombay Prevention of Adulteration Act with an offence of selling to the Medical Inspector Dr. Dange ghee which was not of the nature, substance or quality demanded by the Medical Inspector.

(2.) THE facts on which the prosecution case is based are that the Medical Inspector Dr. Dange visited the premises of the accused and purchased 1/4 seer of ghee from the accused. He divided the said 1/4 seer of ghee in three equal parts and put each part in a separate container and sealed all the containers in the presence of the accused. He then gave one of those sealed containers to the accused and sent one sealed container to the Public Analyst, The Public Analyst found on scientific test that the ghee had excess acidity of 1.8 per cent, over the standard acidity of 2.5 per cent. referred to in Rule 6(B)(1) of the Bombay Prevention of Adulteration of Articles of Food Rules. On these facts, the accused was prosecuted upon the allegation that the ghee sold by him to the Medical Inspector was not of the nature, substance or quality it purported to be and that, therefore, he had committed an offence under Section 4(1)(a) of the Bombay Prevention of Adulteration Act.

(3.) RULE 6(B)(1) of the rules framed under Section 19(1)(c) says : The following articles of food shall be presumed, until the contrary is proved, to be not of the nature, substance or quality which they purport to be:(i) Ghee which has a Butyro refractometer reading at 40C of less than 40 or more than 44.5, or a Reichert Woollny value of less than 24, or which has an acidity of more than. 2.5 per cent, calculated as Oleic Acid.