BALDEV RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN the present case the petitioner has been convicted under Section 16 (l) (a) (i) of the Prevention of Food Adulteration Act, 1954. Short point which has been called upon for determination by this Court is that if in the laddoos sold by the petitioner, it has been found that they are prepared with palm oil, whether the same constituted offence under section 7 of Prevention of Food Adulteration Act or not.

(2.) LEARNED Counsel appearing on behalf of the petitioner has contended that until and unless, an opinion conies that the laddoos prepared with the palm oil are unsafe for human consumption, no offence is found to be committed.

(3.) ON the other hand, learned State Counsel has stated that in the present case, offence has fallen under the provision of section 7 because the offence of misbranding will be punishable under Section 16 (l) (a) (i)of the Act and it has stated to the Food Inspector that they are prepared by Vanaspati oil and not by palm oil. It is difficult to rely upon the bald assertion of the witnesses in the Court because at the time when the samples were taken then had the accused disclosed that the laddoos are made by vanaspati oil, then there ought to be averment to this effect in the complaint. Furthermore, court have insisted that where there is no question put to the retailer at the time of purchase as to which oil has been used, nothing should be construed against the accused. To draw an analogy a Food inspector can always says that in a shop of sweet maker goods are prepared by Desi ghee. Before one appear in the witness box to state that the preparation at the shop is made by Desi Ghee or by Vanaspati Ghee before that there ought to be averment to this effect, in a complaint or memo drawn at spot. Since, in the present case, it was only palm oil, it cannot be said to be mis-branded until or unless. Food Inspector can say that a notice to this effect was issued to the shop-keeper. On this aspect, evidence is discrepant. The observations made above cannot be cited as precedent because in the present case, evidence is lacking, furthermore there is no mention on the purchase slip.