SHEW CHANDER MATHU Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioners were prosecuted on charge under S. 16(1)(a)(i) of the Prevention of Food Adulteration Act, hereafter 'Act', on the allegations that on 28-6-80, the Food Inspector, hereafter referred as the 'Inspector', had visited the Madhu Milon Hotel and Restaurant of which the petitioner No. 2 was the proprietor and the petitioner No. 1, the attendant-in-charge. The Inspector had taken sample of 'suzi-ladu' which on analysis was found to contain prohibited coal-tar-dye "metanil yellow." The prosecution had examined three witnesses and the defence had examined two witnesses. On consideration of the evidence, the learned Additional Chief Judicial Magistrate by judgment and order dated 6-10-82 convicted the petitioners and sentenced them to six months' R.I. The petitioners' appeal was dismissed by the learned Additional Sessions Judge, Jorhat by judgment and order dated 17-1-84 with the modification that fine amount was reduced to Rs. 1000.00.

(2.) Aggrieved, the petitioners have come in revision, and Sri G. N. Sahewalla, learned counsel appearing on their behalf, has submitted that the provisions of Rules 14 and 16 of the Prevention of Food Adulteration Rules, hereafter referred as the Rules, had been violated and since the public analyst's report was that coal-tar-dye metanil yellow "present" the probability of the presence of the said coal-tar-dye in the containers in which samples of 'Suji-Ladoo' had been taken due to non-compliance of the provisions of Rules 14 and 16 of the Rules could not altogether be excluded and accordingly the conviction and sentence of the petitioners should not be sustained. Sri B. B. Narzary, learned P.P., on the other hand, has submitted that the provisions of Rules 14 and 16 of the Rules had been complied with, and the public analyst's report did not require to specify the amount or the quantum of the prohibited dye. Sri Narzary has accordingly submitted that the judgment of the Courts below are sound and require no interference.

(3.) Rule 14 of the Rules provides for the manner in