NARAYANDAS MOTILAL NEHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two petitioners have been convicted by the judicial Magistrate, First class, Ashti, for an offence under section 7(i) read with section 16(1)(a)(j) of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as " the Act, and each of them has been sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-, in default, to suffer rigorous imprisonment for two months. Their appeal was dismissed by the Additional Sessions Judge, Bhir. Hence, they have come up in revision.

(2.) Petitioner No. 1 Narayandas is the father and petitioner No. 2 Kantilal is the son. Narayandas owns a grocery shop styled as M/s. Narayandas Motilal Nehar situate at Amalner, Taluka Patoda, District Bhir. Both the petitioners are conducting the said shop. Food Inspector Patankar (P.W. 1), visited the shop of the petitioners on 14th February, 1974 accompanied by two panchas Suryakant Bedre (P.W. 2), and Namdeo Shevante (P.W. 3). Another Food Inspector Patil (P.W. 4) had also accompanied Patankar. Kantilal was present at the shop. After disclosing his indentity, Patankar asked Kantilal to sell him 450 gms of coriander whole, as he wanted to send the article to the Public Analyst as it was suspected to be adulterated. After going through the necessary formalities, a packet of 150 gms. of the sample was sent to the Public Analyst. On receiving his report that the sample was adulterated, inasmuch as it contained 18-20 percent damaged grains, 5-6 percent stalk, stems etc. and 8-9 percent stones, clay, etc. while the permissible limit of extraneous matter was 8 percent, the petitioners were prosecuted.

(3.) The main submission of Mr. Chitnis for the petitioners is that the petitioners conviction and the sentence imposed on them are liable to be set aside, inasmuch as the report of the Public Analyst, which is the basis of their conviction, could not be accepted in evidence. Admittedly, the quantity of coriander whole sent to the Public Analyst was 150 gms. Rule 22 of the Prevention of Food Adulteration Rules, 1955, hereinafter referred to as " the Rules", lays down the quantity of same of food to be sent to the Public Analyst for analysis. Item No. 17 mentions that if the article of food is spices, the approximate quantity required to be sent to the Public Analyst for analysis is 150 gms. The residuary Item No. 37 is in respect of food not specified in the other items and if an article of Food falls under this residuary item, the quantity required to be sent to the Public Analyst is 200 gms. According to Mr. Chitnis, coriander whole is not spices and as it cannot fall under any other item, it must fall under the residuary Item No. 37. If this be so, the quantity required to be sent to the Public Analyst was 200 gms. In the present case, the quantity sent was only 150 gms. It was held in (Rajaldas G. Pamanani v. State of Maharashtra) A.I.R. 1975 S.C. 189 that the non compliance with the quantity to be supplied to the Public Analyst causes not only infraction of the provisions of Rule 22 but also injustice. The quantities mentioned in Rule 22 are required for correct analysis and shortage in quantity for analysis is not permitted by the statute.