PUBLIC PROSECUTOR Vs. GRANDHI VENKATARAMANA

JUDGEMENT

(1.) The respondent was acquitted by the learned Judicial First Class Magistrate, Anakapalli of an offence under Section 16(1) read with Sections 7 and 2(i) (a), (i) and (I) of the Prevention of Food Adulteration Act. On 30-1 l-1966 the Food Inspector of Anakapalli purchased from the respondent, after following procedure prescribed by the Prevention of Food Adulteration Act, 450 grams of red-gram dball which he found to be insect damaged. The public Analyst gave his opinion that the same contained about 20% of insect-damaged dhall and that as a result of the insect-damage the Uric acid content was 49.9 rag per 100 gms of the sample as against the prescribed maximum of 20 m.g per 100 gms. At the instance of the respondent the sample was also sent to the Director of the Central Food Laboratory and according to his opinion 21% of the sample was insect damaged and the Uric acid content was 44 m.g. per 100 gms. of the sample. The learned Magistrate acquitted the respondent on two grounds - (1) The quantity of sample sent to the Hublie Analyst was below the quantity prescribed by Rule 22 of the Rnles' (2) Red-gram was not a food-grain but a variety of 'Beans', therefore the standard prercribed in paragraph A' 13-05 of Appendix-B did not apply, but the standard prescribed in paragraph A. 06 alone applied. The reports of the Analyst and the Director of the Central Food Laboratory did not show that the sample fell below the standard prescribed by paragraph A 06. The first ground is now not open to the respondent in view of the opinion of the Division Bench that Rule 22 is directory and not mandatory and. therefore, mere failure to send the quantity of sample prescribed by Rule 22 does not entitle the accused to an acquittal. I will now proceed to consider the second ground of acquittal.

(2.) Paragraph A.06 of Appendix-B of the Prevention of Food Adulteration Rules is as follows: -

(3.) Cereals belong to the Graminaceae (grassy) family of monocotyledons. Their fruit serve as food tor man and farm animals Examples of cereals are rice, wheat, barely, millets, maize etc. Pulses belong to the Leguminosac family of dicotyledons. A leguminous plant is a plant having a distinctive type of fruit, like a pod which splits along two sides to release contained seeds. Examples of pulses whose seeds are edible are peas which include grams, beans etc Though the difference between cereals which belong to the Graminacoea family of monocotyledons and pulses which belong to the Leguminosae family oi dicotyledons must be apparent to botanists the word "cereals" appears to have acquired an extended meaning and is some times Used to include cultivated leguminous plants. In the Oxford English Dictionary the meaning of Cereal is given as follows :-