Madan Mohan Punchhi, J. - (1.) This is a petition under Sec. 482 of the Code of Criminal Procedure, preferred by two persons, who have been ordered to face trial for an offence under Sec. 7(i)(v) read with Sec. 16(1)(a)(ii) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) in the Court of Shri I.C. Aggarwal, Judicial Magistrate 1st Class, Ludhiana. The petitioners invoke the inherent powers of this Court and pray for quashing of the complaint instituted against them by the Food Inspector, Ludhiana, since the sample of rapeseed oil purchased by him at their business premises, was found to be adulterated.
(2.) It is unessential to elaborate any facts. The substance purchased by the Food Inspector from Ashok Kumar petitioner on April 24, 1979, was described as rapeseed oil (crude) at the time of the examination by the Public Analyst, Punjab. In the complaint, the said substance has been described as crude rapeseed oil. The purchase of the substance is not denied by the petitioners, rather the receipt appended with the complaint by the Food Inspector acknowledges the sale of 375 grams of crude rapeseed oil for a sum of Rs. 2. On that premises, it is contended that the substance purchased by the Food Inspector described as crude rapeseed oil was not food so as to attract the provisions of the Act and the rules made thereunder. Additionally, it was contended that there was no prescribed standard for crude rapeseed oil. The problem posed needs closest scrutiny.
(3.) With effect from Feb. 5, 1976, Entry A.17.06 in Appendix 'B' prepared under rule 5 of the Prevention of Food Adulteration Rules, 1955, thereinafter referred to as the Rules) lays down the standards of quality of rapeseed oil. The same reads as follows:- "A. 17.06.-Rapeseed oil (Toria oil) Mustard Oil (Sarson Ka Tel) means the oil expressed from clean and sound mustard seeds, belonging to the compestris, juncea or napus varities of Brassica. It shall be clear, free from rancidity, suspended or foreign matter, separated water, added colouring or flouring substances or mineral oil. It shall conform to the following standards : JUDGEMENT_65_LAWS(P&H)4_19801.html;