M.L. Shrimal, J. - (1.) Accused Nanak Ram son of Veerumal was tried by Additional Munsif and Judicial Magistrate No. 1, Kota City (South) for selling adulterated Asafoetida (Hing) on March 30, 1974. The purchased quantity of Asafoetida (Hing) was divided into three equal parts, one of which was sent to the Public Analyst while the third one was kept by the Food Inspector and the second one was given to the accused. After receiving the report from the Public Analyst Ex. P/6, sanction was obtained and a complaint was filed. After recording the evidence the petitioner was found guilty and was convicted and sentenced under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (to be referred to hereinafter as the Act) to six months rigorous imprisonment and to pay a fine of Rs. 3,000/-. The appeal filed by the petitioner met with partial success. Learned Judge maintained the conviction, but reduced the sentence to a fine of Rs. 2, 500/- and the substantive sentence of imprisonment was set aside.
(2.) Not being satisfied with the judgments of the two courts below, the petitioner has come up in revision.
(3.) The petitioner does not contest the fact that the sample was duly taken from his shop, nor the report of the Director, Central Food Laboratory, Calcutta produced by him in defence. A perusal of the report shows that the article which formed the subject matter of dispute was Asafoetida (Hing) and was adulterated one. Learned counsel has urged before me that Rule A. O4 of Appendix-B to the Prevention of Food Adulteration Rules, 1955 before the amendment was in the following terms:- "A. O4. Asafoetida of Hing means the oleogum resin obtained from the rhizome and root of Ferula alliaces, Ferula rubricaulis and other species of Ferula. It shall contain no sand, gravel or other foreign mineral matter, colophony resin, galbonum resin, aumoniacum resin or any other foreign resin. The ash content shall not exceed 15 per cent of its weight ; and the alcoholic extract (with 90 per cent alcohol) shall be not less than 25 per cent. Compounded Asafoetida or Bandhani Hing is composed of one or more varieties of Asafoetida (Irani and/or Pathani Hing) gum arabic and wheat and/or rice flour. It shall not contain sand, gravel or other foreign mineral matter colophony resin, galbonum resin, ammoniacum resin or any other foreign resin. The ash content shall not exceed 10 per cent of its weight and the alcoholic extract (with 90 per cent alcohol) shall not be less than 10 per cent. Use of coal tar dyes or mineral pigment is prohibited.";