Decided on October 12,1965

STATE Appellant
DINA NATH Respondents


M.H.Beg, J. - (1.)This is an appeal by the State against an acquittal of the respondent Dina Nath from a charge under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954. It was alleged that the respondent was found selling some Hing, a sample of which was purchased by V. P. Sharma (P. W. 1), the Food Inspector of the Municipal Board of Hardwar, on 20-12-1962 at 12-30 p.m. The Food Inspector handed over Rs. 1-50 nP. as price of three Chataks of Hing and filled up one of the forms which he was carrying and in which the price of the commodity purchased was entered by the Food Inspector himself in his own handwriting. The signature of the respondent Dina Nath was obtained on this form by the Food Inspector. This signed form (Ex. 2) has been put forward as the receipt by the respondent in acknowledgement of the fact that he had sold genuine Hing to the Food Inspector. The Food Inspector only stated that he obtained a sample of "Hing" from the respondent for which he paid a sum of Rs. 1-50 nP. He also stated that this Hing was for sale. Nothing more was stated about the transaction. Similar was the evidence of Har Swarup (P. W. 2), a resident of the locality in which Dina Nath respondent kept his shop.
(2.)The respondent produced Narain Dass (D.W.1) and Bal Kishan (D.W.2), two shop keepers who have their shops nearby, to support his statement that he had sold only "Bandhani Hing" to the Food Inspector and not genuine Hing which is just referred to as "Hing" in the terminology adopted by the rules prescribing the standards of quality for various articles of food to be sold. The defence witnesses deposed that the fact that the Hing was "Bandhani" was specifically mentioned by the appellant to the Food Inspector at the time of the sale.
(3.)The definition given of "Hing" in the rules is: "the oleo-gum-resin obtained from the rhizome and root of Ferula alliacea, Ferula rubricaulis and other species of Ferula." The standard prescribed for it is as follows :
"It shall contain no sand, gravel or other foreign mineral matter, colophony resin, galbonum resin, ammoniaccum resin or any other foreign resin. The ash content shall not exceed 15 per cent of its weight; and the alcoholic extract (with 90 per cent, alcohol) shall be not less than 25 per cent."


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