STATE OF ASSAM Vs. RAM KARANI

JUDGEMENT

(1.) This is an appeal against the judgment and order of acquittal dt. 22-6-1981 passed by the learned Additional Chief Judicial Magistrate, Sibsagar in C.R. Case No.768 of 1979.

(2.) The case of the prosecution is that on 18-6-1979, the respondents sold and/or stored for sale Kashmiri Mukhbilash (Paan-ka-masala) sweetened artificially with saccharin. The sale or store for sale of paan-ka-masala sweetened with saccharin is prohibited under Rr.44(g) and 47 of the Prevention of Food Adulteration Rules, for short the "Rules". The sample of the Paan-ka-masala was analysed by the Public Analyst. The report of the Public Analyst runs as follows :

(3.) Mr. C.R. De, the learned public prosecutor, Assam, has submitted that mixture of saccharin is permissible only when the standard of paan-ka-masala is prescribed, and that the standard of paan-ka-masala has not been prescribed and, as such, the sale and/or store for sale of mixture is not permissible. Mr. S.S.Sarma, the learned counsel for the respondents, has supported the findings of the learned Magistrate.