GIAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GIAN Chand. a, whole-sale dealer in the vegetable oils,, has been charged under Section 16 (1) (b) read with Section 7 of the Prevention of Food Adulteration Act for preventing the Food Inspector from taking, sample of vegetable ghee. Relying on-State v. Badri Prasad, 1960 All LJ 100, Gian Chand has assailed the said charge, by filing this revision petition. The view expressed by the Division Bench of the Allahabad High Court did not find favour with the learned Single Judge, hence, this reference to a larger Bench.

(2.) THE salient facts are that Dr. Tejinder Singh, exercising the powers of the-Food Inspector, visited the shop of Gianand Chand and served notice Ex. PA on him. for taking IV2 kilos of vegetable ghee as sample. Gian Chand refused to sign the notice on the plea that he, being a wholesale dealer, was prohibited by the terms of his licence from selling any quantity-less than 2 tins, weighing I672 kilograms each. Rule 22 of the Prevention of Food Adulteration Rules,, 1955 prescribes the-approximate quantity of ghee to be sent. to the Public Analyst. The fact that the sample containing 500 grams of the gheewas required to be sent by the Food Inspector to the Public Analyst is not disputed before us. Under Section 11 of the Act, 3 samples of 500 grams each were to be taken. Accordingly the Food Inspector asked for 1 1/2 kilograms of ghee.

(3.) AS laid down by the Supreme Court in Mangaldas Raghavji Ruparel4 v. State of Maharashtra the Act gives special definition of 'sale' under Section 2 (xii),, which specifically includes within its ambit a sale for analysis. In this view1 of the matter, it was urged that Gian Chand would have been guilty of ontravening the terms of his licence if ke had acceded to the demand of the Food Inspector and that Gian Chand was within his right to insist upon the sale f 2 tins of ghee, weighing 33 kilograms to the Food Inspector. A reference in this regard was made to the provisions of the Punjab Hydrogenated Oil Dealers Licensing Order, 1957 (hereinafter referred to as the Licensing Order), read with Section 7 of the Essential Commodities Act, 1955 and it was urged that the direction issued under Clause 8 of the Licensing Order prohibited Gian Chand from selling quantity of ghee less than 2 tins (33 kilograms ). Clause 10 of the Licensing Order provides that no holder of a licence shall contravene any of the terms or conditions of licence and in the event of contravention of any term, without prejudice to any other action that may be taken against the licencee, his licence may be cancelled or suspended by the Licensing Authority. But the proviso to Clause 10 reads :