Mohammed Yamin, J. - (1.) This is an appeal by State of Rajasthan against Ram Narain who was acquitted by learned Chief Judicial Magistrate, Udaipur on 4.6.1980 from the charge of Sec. 7/16 of Prevention of Food Adulteration Act, 1954.
(2.) Case of the prosecution is that respondent accused had a shop at Udaipur named as Dayanand Masala Bhandar. The respondent had stored Chillies powder for sale. Navratan Singh, Food Inspector suspected adulteration and obtained 600 gms. chillies' powder from the respondent. He paid Rs. 4.20 as its price. The sample was sent to the Public Health Laboratory, Udaipur which in its report Ex.P. 5 found that the sample was adulterated as it did not conform to the prescribed standards of purity under the Prevention of Food Adulteration Act. The respondent accused was tried by learned Chief Judicial Magistrate. During the trial one of the samples was sent to the Central Food Laboratory which found that the sample was according to standard but it was adulterated for the presence of foreign organic matter. Learned Chief Judicial Magistrate acquitted accused respondent holding that the sample contained appreciable amount of pulse and few turmeric structure and, therefore, it was not adulterated. It is against this acquittal that State has come in appeal.
(3.) I have heard learned Public Prosecutor as well as learned counsel for the accused respondent. The only point for consideration is whether the sample was adulterated. Sec. 2(ia) of Prevention of Food Adulteration Act, 1954 defines word " adulterated" as follows: (ia) "adulterated" an article of food shall be deemed to be adulterated- (a) if the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality which it purports or is represented to be, (b) if the article contains any other substance which affects, or if the article is so processed as to affect injuriously the nature, substance or quality thereof, (c) if any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously the nature, substance or quality thereof; (d) if any constituent of the article has been wholly or in part abstracted so as to affect injuriously the nature, substance or quality thereof; (e) if the article had been prepared, packed or kept under insanitary conditions whereby it has become contaminated or injurious to health; (f) if the article consists wholly or in part of any filthy, putrid, rotten, decomposed or diseased animal or, vegetable substance or is insectinfested or is otherwise unfit for human consumption;";