STATE OF RAJASTHAN Vs. KHEM CHAND

JUDGEMENT

(1.) THIS is an appeal against the judgment of acquittal of Khem Chand, the respondent, who was prosecuted for the sale of the adultereted 'dal'. The acquittal is based on number of grounds including that, the sample sent was not of sufficient in quantity as it was 50 gm. less according to the requirement under S. 22 of the Prevention of Food Adulteration Rules. Reliance was placed on the decision of the Supreme Court in R. C. Pamnani vs. State of Maharashtra (I ). Para 17 of it reads as under - "the appellant also contested that samples were not taken in accordance With the provisions of the Act and the rules there under. Rules 22 stated that in the case of as afoetida the approximate quantity to be supplied for analysis is 100 gram, and in the case of non-conded asafoetida 200gms. The Public Analyst did not have the quantities mentioned in the Rules for analysis. The appellant rightly contends that non compliance with the quantity to be supplied caused not only infraction of the provisions but also injustice. The quantities mentioned are required for correct analysis. Shortage in quantity. . . for analysis is not permitted by the statute. "

(2.) SHRI S. B. Mathur, learned Public Prosecutor rightly pointed out that this has been held to be no longer good law, according to the later decisions of the Supreme Court in State of Kerala vs. Allassory Mohd. (2) wherein it has been held that Rule 22 and 22-B of the Prevention of Food Adulteration Rules are directory and not mandatary. It was also held that the analyst report is not invalid.