PARMA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE question that falls for consideration in this case is as to whether a sample of cumin seeds, even though contained edible seeds more than the prescribed limit, could not be considered to be adulterated in view of paragraph A. 05. 09 of Appendix 'b' of Rule 5 of the Prevention of food Adulteration Rule, 1955, hereinafter referred to as the Rules, which prescribes the standard.

(2.) PARAGRAPH A. 05. 09 of Appendix 'b' of Rule 5, which prescribes the standard, is in the following terms: a. 05. 09. Cumin (Safed Jeera) Whole means the dried seeds of cuminum Cyminum (L. ). The proportion of extraneous matter including dust, stones, lumps of earth, chaff, stem or straw shall not exceed 7. 0 per cent by weight. The proportion of edible seeds other than cumin seeds shall not exceed 5. 0 per cent by weight. * * * * * before proceeding to examine the contention advanced on behalf of the petitioner, facts relevant thereto deserve noticing. A sample of cumin seeds (Jeera) was secured from the petitioner by Government Food Inspector, Gurgaon, Shri section P. Malik, on 25. 9. 1978. After complying with due formalities, the sample was sent to the Public Analyst who submitted his report mentioning therein the following data: i) 14 living insects; ii) two rat droppings; iii) 5. 2% edible seeds other than cumin seeds against the maximum of 5. 0%. The Public Analyst opined that the sample examined by him was adulterated.

(3.) ON receipt of the said report, prosecution was launched against the petitioner under Section 16 (1) (a) (i) of the Prevention of Food adulteration Act. hereinafter referred to as the Act, He was found guilty and awarded six months" rigorous imprisonment and a fine of rs. 1. 000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months.