D.N.DAS GUPTA, J. - (1.) THIS is an appeal by Messrs. Ultadanga Oil Mills and Saroj Ranjan Bhattacharjee who have been convicted by a learned Municipal Magistrate of Calcutta under Section 16 (1) (a) (i) read with Section 7 (i) of the Prevention of Food Adulteration Act, 1954 and sentenced to pay a fine of Rs. 200/ - each. In default of payment of fine the second accused was to undergo rigorous imprisonment for one month. The learned Magistrate further directed under Section 11 (5) (b) of the paid Act that the oil seized should be destroyed by the Food Inspector at the cost of the accused in presence of the Court. There is a Revisional petition against the order of destruction which has been heard along with this appeal.
(2.) THE case for the prosecution is that on the 14th December, 1959, Dr. S. S. Kundu, Food Inspector of the Corporation of Calcutta, visited the Oil Mill and took a sample of til oil for the purpose of analysis and that on analysis the oil was found adulterated. The accused were prosecuted by the Food Inspector under the provisions of the aforesaid Act. The offence complained of as stated in the petition of complaint is as follows : - "Selling, manufacturing and storing for sale Til oil on 14 -12 -59 which on analysis was found that it does not conform to the standard in respect of B. R. reading and saponification value. Hence it is adulterated. F. I. No. 7367/110. Lab. No. 2455. Report No. K/326".
(3.) THE accused pleaded not guilty. The defence was that the til oil was extracted from Agartala white seeds, that there is always some distinction between oil that is extracted from those seeds and oil that is extracted from seeds other than Agartala and Assam seeds and that although the standard of quality of the sample in question in this case might not conform to the standard laid down under the Prevention of Food Adulteration Rules, still it would conform to the standards in respect of the oil extracted from Agartala seeds as found on analysis by different bodies like the Calcutta University, Bombay University and Messrs. Hindustan Lever Limited. The standard of quality of til oil as given in Appendix 'B' to the Prevention of Food Adulteration Rules is as follows : - "A. 17, 11, Til Oil (Gingelly or Sesame oil) means the oil expressed from clean and sound seeds of Til (Sesamum indicum) black, brown, white, or mixed. It shall be clear, free from rancidity, suspended or other foreign matter, separated water, added colouring or flavouring substances, or mineral oil. It shall conform to the following standards: (a) Butyro refractometer reading at 40 C 58.0 to 61.0 (b) Saponification value 188 to 193 (c) Iodine value 105 to 115 (d) Unsaponifiable matter - Not more than 1.5 per cent. (e) Free fatty acid as Oleic acid - Not more than 3.0 per cent. (a) (f) Bellier test (turbidity temperature Acetic acid method) - Not more than 22 C." The report of the Public Analyst is given below : "I further certify that I have analysed the afore -mentioned sample and declare the result of my analysis to be as follows : - B. R. at 40 ......62.8 Holde's Test ..............................negative Baudouin Test ........................... positive Hexabromide Test ..................... negative Test for Mineral Oil .................. negative Bellier's turbidity temp ............... 2O.8 C Saponification value..................... 186.1 Iodine value.......................__ 113.3 Free fatty acid as oleic acid ......... 0.67% and am of the opinion that the sample of Til oil does not conform to the standard in respect of B. R. reading and Saponification value. Hence it is adulterated.";