MOHINDER PAUL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A criminal complaint has been filed against petitioner Mohinder Paul Singh. It pertains to offences punishable under the Prevention of Food Adulteration Act, 1954. In the complaint it is contended that the Food Inspector inspected the premises of the petitioner on 27.11.1989 at 11.40 a.m. The petitioner was found having in his possession about 10 kilograms of cooked Dal in a pot. The Food Inspector disclosed his identity and purchased 600 grams of cooked Dal. A notice required under the law was served. The purchased Dal was converted into three dry and clean bottles and drops of formalin were added. The same were labelled, wrapped and paper slips placed in accordance with the procedure prescribed. One representative sample was sent to the Public Analyst, Punjab. The report was received which reads :-

(2.) DURING the course of arguments, learned counsel urged that the report of the Central Food Laboratory had been received. It was at variance with the report of the Public Analyst. The complaint was not amended and, therefore, the proceedings could not continue. In the alternative he urged that no details of the yellow shade colouring matter had been given and in these circumstances it cannot be held that the Dal was adulterated. Before proceeding further and considering the said submissions, we may refer to the relevant extract of the report of the Central Food Laboratory which reads :-

(3.) CONFRONTED with this position, the learned counsel pressed the second argument. According to him the details of the synthetic food colour has been given and, therefore, it cannot be termed that it is to be taken that the Dal was adulterated. Reference in this regard may be made to the relevant Rules (Prevention of Food Adulteration Rules, 1955). Rule 23 of the said Rules specifically states that the colouring matter cannot be added to any item of food except specifically permitted by the Rules. Rule 25 permits use of caramel. Under Rule 26 the natural colouring can be used. In any of the articles the said colouring matters have been described and detailed in Rule 26. Rules 28 and 29 read :-