LAWS(P&H)-1956-10-6

STATE Vs. SHANTI PRAKASH

Decided On October 17, 1956
STATE Appellant
V/S
SHANTI PRAKASH Respondents

JUDGEMENT

(1.) THIS judgment will dispose of the two appeals (Criminal Appeals Nos. 552 and 553 of 1955) which have been filed by the State against an order of acquittal passed in these two cases by a learned Magistrate of Amritsan Both cases are under Section 13 (1) (a) of the Punjab Pure Food Act and in both cases the learned Magistrate has acquitted the accused persons because no standard had been prescribed for the examination of haldi (turmeric) which was the substance alleged to have been adulterated.

(2.) IN the appeal -- 'state v. Shanti Par-kash', Criminal Appeal No. 552 of 1955, the report of the Analyst is only this much-"it is highly adulterated with extraneous vegetable matter. " this report, in my opinion is insufficient because it does not show what is the extent of adulteration and what Is the sample sent to the Analyst adulterated with. On this cvicence I do not think it to be safe to convict the accused and I would therefore dismiss the appeal as against Shanti Parkash.

(3.) AS to the Criminal Appeal No. 553 of 1955, State V. Hukam Chand, the analyst's report is that the sample sent to him contained ash 31. 45 per cent, and that it was highly adulterated with Inorganic and vegetable matter. This report certainly shows that the sample must be taken to be adulterated with extraneous matters. Ash cannot by any stretch of imagination be called food and ordinarily if ash is mixed with any substance it must fall within the meaning of the word "adulteration". . Section 4 which defines adulteration" provides-