BABU RAM Vs. STATE

JUDGEMENT

(1.) THE matter here concerns curry powder or rather the label on a package of curry powder. The declaration on this label proclaimed that it contained eligible common salt to the extent of 3 per cent. On analysis of a sample thereof, however it was found instead to be 3.3 per cent. Did this amount to an offence warranting the prosecution of the petitioners under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 ? This is the short point that falls for determination in revision.

(2.) A reference to the relevant provisions of the Prevention of Food Adulteration Act, 1954 and the rules made thereunder (hereinafter referred to as 'the Act' and 'the Rules' respectively), shows that edible common salt to the extent of 5 per cent is permitted in curry powder as per the standard laid down in A.05.21 of Appendix-B of the Rules.

(3.) THE deletion of the words "per centage of edible common salt" leaves no manner of doubt that extent of it need not be stated on the label.