Decided on August 03,1971


Cited Judgements :-



- (1.)The respondent was acquitted by the learned Judicial First Class Magistrate, Anakapalli of an offence under Section 16(1) read with Sections 7 and 2(i) (a), (i) and (I) of the Prevention of Food Adulteration Act. On 30-1 l-1966 the Food Inspector of Anakapalli purchased from the respondent, after following procedure prescribed by the Prevention of Food Adulteration Act, 450 grams of red-gram dball which he found to be insect damaged. The public Analyst gave his opinion that the same contained about 20% of insect-damaged dhall and that as a result of the insect-damage the Uric acid content was 49.9 rag per 100 gms of the sample as against the prescribed maximum of 20 m.g per 100 gms. At the instance of the respondent the sample was also sent to the Director of the Central Food Laboratory and according to his opinion 21% of the sample was insect damaged and the Uric acid content was 44 m.g. per 100 gms. of the sample. The learned Magistrate acquitted the respondent on two grounds - (1) The quantity of sample sent to the Hublie Analyst was below the quantity prescribed by Rule 22 of the Rnles' (2) Red-gram was not a food-grain but a variety of 'Beans', therefore the standard prercribed in paragraph A' 13-05 of Appendix-B did not apply, but the standard prescribed in paragraph A. 06 alone applied. The reports of the Analyst and the Director of the Central Food Laboratory did not show that the sample fell below the standard prescribed by paragraph A 06. The first ground is now not open to the respondent in view of the opinion of the Division Bench that Rule 22 is directory and not mandatory and. therefore, mere failure to send the quantity of sample prescribed by Rule 22 does not entitle the accused to an acquittal. I will now proceed to consider the second ground of acquittal.
(2.)Paragraph A.06 of Appendix-B of the Prevention of Food Adulteration Rules is as follows: -
"Beans means dry kidney shaped or flattened seeds of the leguminous varieties used as food, either whole or prepared as dhall. It shall not contain hydrocyanic acid exceeding 20 parts per million as determined by A.O.A.C, Maceration method."
Paragraph A.18 is headed as 'Cereals', Paragraphs A. 18-01 prescribes the standards for Atta. Paragraphs A. 18-01-01 and A.18-01. 02 prescribe the standards tor fortified Atta and proteinrich (Paushtik) Atta. Paragraphs A. 18.02,01, and A 18-02,02 prescribe standards for CD maida fortified maida and protein rich (Paushtik) maida. Paragraph A.18.03 prescribes the standards for Semolina (Suji)' Atta, maida and Suji are all products of wheat Paragraph A, 18-04 prescribes the standards for Besan which means the product obtained by grinding dehusked Begal-gram. It will be necessary to refer to Besan again in the course of this judgment. Paragraph A. 18 05 prescribes the standards for Pearl Barley. Para, graph A.18-06 prescribes the standards ,for food-grains and it is as follows :-
"A. 18-06- Food grains meant for human consumption shall fulfil the following standards of quality, namely (i) General.- Grain shall be free from deleterious material and insecticide residues in excess of the prescribed permissible limits. (ii) Foreign matter.- Which includes sand, gravel, dirt, stones, pebbles, straw, stems, chaff, cockles, oil-seeds and other non-poisonous seeds, but excludes other food grains, shall not exceed 4% by weight, (iii) Damaged grain.- Grain that is damaged by fungus, moisture, or heating and wherein the damage is not superficial but grain is affected internally, shall not exceed 5% by weight. (iv) Insect damage - The Uric acid content arising as a result of insect damage shall not exceed 20 milligram" mes per 100 grammes sample of the grain. (v) Moisture content.- The loss in weight due to moisture content shall not exceed 16% and shall be determined by accurately weighing about 2 g. of well-mixed sample in a dry, tared dish (provided with cover) and drying the dish with contents in an oven at 100 C for 4 hours. Cool in a dessicator and weigh Repeat drying, cooling and weighing until the weight is constant".
Paragraphs A. 18-07, A. 18 . 08, A. 18 . 09, A. 18 . 10, A. 18.11 A. 18 . 12 prescribe standards for Biscuits, Corn Flour, corn flakes. custard power, Macoroni products and malted milk food respectively These are all products of wheat or maize in combination with other food stufis.
(3.)Cereals belong to the Graminaceae (grassy) family of monocotyledons. Their fruit serve as food tor man and farm animals Examples of cereals are rice, wheat, barely, millets, maize etc. Pulses belong to the Leguminosac family of dicotyledons. A leguminous plant is a plant having a distinctive type of fruit, like a pod which splits along two sides to release contained seeds. Examples of pulses whose seeds are edible are peas which include grams, beans etc Though the difference between cereals which belong to the Graminacoea family of monocotyledons and pulses which belong to the Leguminosae family oi dicotyledons must be apparent to botanists the word "cereals" appears to have acquired an extended meaning and is some times Used to include cultivated leguminous plants. In the Oxford English Dictionary the meaning of Cereal is given as follows :-
"A, adj. Of or pertaining corn or edible grain. B. Sb. (usually in pl.) A name given to those plants of the order graminaceae or grasses which are cultivated for their seed is human food; commonly comprised under the name of corn or grain (Sometimes extended to cnltivated leguminous plants".


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