AMIN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE 18 petitions involve an, important point of law. The petitioners in these 18 cases are manufacturers of aerated water in Amritsar. They have been prosecuted under Section 13 (1) (d)of the Punjab Pure Food Act, 1929, which enacts that no person shall sell any food containing any substance the addition of which is prohibited by rules made under this Act, or containing a greater proportion of any substance than is permitted by such rules. It seems that a rule was published which allowed the use of 66 grains of saccharin in 10 gallons of aerated water and the use of citric acid in the water. It is stated that because of the difficulty in obtaining sugar, representations were made to Government and Government allowed the use of 300 grains of saccharin instead of 66 grains of saccharin in 10 gallons of aerated water. Government also allowed the manufacturers of aerated water to use tartaric acid in place of citric acid. It appears that later the concession givenv which allowed the use of as much as 300 grains of saccharin, was withdrawn its also the use of tartaric acid. Normally it is citric acid which is used in the preparation of aerated water.

(2.) IT is submitted that the rule which the Government had made allowing only 66 grains of saccharin in 10 gallons of aerated water had not been properly made as required by law and that as there was no properly named rule no prosecution can be launched for an infringement of an illegal rule.

(3.) RULES are made under Section 22 of the Punjab Pure Food Act, 1929. Clause (5) of that section says: