FATEH LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record of the learned courts below.

(2.) THE facts in this case are not in dispute. On 31-12-75 at 12. 15 p. m. , Food Inspector Kaushal Kishore purchased 450 gms. of Coriander (Dhania) powder for analysis on due payment of price. THE sample taken by the Food Inspector was duly sealed and was sent to the Public Health Laboratory Udaipur for examination. THE public analyst vide report Ex. P. 5 found that the sample of coriander powder was adulterated due to presence of 'haldi' powder. THE learned courts below accepted this report & the petitioner was convicted of offence u/s 7/16 of the Prevention of Food Adulteration Act (for short 'the Act' ). THE petitioner was sentenced to undergo R. I. for six months and to pay a fine of Rs. 1000/- and in default to undergo further R. I. for 1 1/2 months. THE learned counsel for the petitioner does not challenge the aforesaid concurrent findings of the learned courts below but submits that the learned courts below have failed to take into consideration the substantive law pertaining to adulteration as was obtainable on 31. 12. 75. He submits that on the relevant date the use of 'haldi' powder as natural colouring matter was permissible and hence the petitioner did not commit any offence at all.

(3.) NO other point was urged before me.