S.S.DEWAN, J. - (1.) THIS revision is directed against the judgment and order dated February 4, 1985, passed by the Additional Sessions Judge, Ludhiana, confirming the conviction and sentence recorded against the petitioner by the trial court for the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short, the Act).
(2.) THE facts giving rise to this petition can be stated as under :- On 16th July, 1981, Dr. Sukhdev Singh Mangat in his capacity as Food Inspector visited the shop of the petitioner Mohinder Paul at Mullanpur and purchased 1500 gms. of Badana sweet for analysis. Due formalities prescribed under the law were complied with. One part of the sample of Badana as sent to the Public Analyst who reported it to be adulterated. A complaint was accordingly filed for the prosecution of the petitioner under Section 16 of the Act. The petitioner did not deny the taking of the sample of Badana from his possession. The only contention raised on behalf of the petitioner is that since no standard of quality or purity of Badana has been provided by the Act or the rules framed thereunder, the case does not come within the mischief of Section 16(1)(a)(i) of the Act. The learned counsel for the State nothing to repel this contention. Admittedly, no standard of quality or purity of Badana sweet has been prescribed by the Act or the rules framed thereunder and as such offence allegedly committed by the petitioner shall not come within the purview of sub-clauses (c) to (i) or (m) of clause (ia) of Section 2 and therefore, he cannot be held guilty of the offence under Section 16 of the Act. The matter is otherwise not res integra.
(3.) A single Judge of this Court, follows the ratio of M.V. Krishnan Nambissan v. State of Kerala AIR 1966 SC 1676 in Shanti Bassi and another v. State of Punjab 1976(1) FAC 241, quashed the proceedings in which the petitioners Shanti Bassi and another were prosecuted under Section 16(1)(a)(i) of the Act for mixing adulterated rape-seed oil in Vanaspati Ghee, of which the said oil was one of the constituents on a finding that no standard was prescribed under the Act in regard to the quality of rape-seed.;