R. Sadasivam, J. - (1.)The petitioners in these cases have been convicted under Sec. 16(1) read with Sec. 7(v) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) read along with Rule 44 -A of the Rules framed under the Act and sentenced to pay a fine of Rs. 100 each, in default to R. I. for two months. Rule 44 -A provides that no person in any State shall, with effect from such date as the State Government concerned may by notification in the Official Gazette specify in this behalf, sell or offer or expose for sale, or have in his possession for the purpose of sale, under any description or for use as an ingredient in the preparation of any article of food intended for sale, kesari gram, kesari dal, etc.
(2.)The reason for the rule is that kesari dal has been found to be a poisonous food grain as would appear from the following passage at page 698 of Medical Jurisprudence and Toxicology by Modi, Twelfth Edition;
Lathyrus Sativus (Kesari Dal, Teora or Buttorah ki dal):

This is a variety of pulse, belonging to M.O. Leguminosae, and is used as an article of diet by the common people in Sind, Bihar, Uttar Pradesh, and some parts of Madhya Bharat and Madhya Pradesh. Its continued use gives rise to a disease characterised by spastic paraplegia, known as lathyrism or vetch -poisoning.

(3.)Though the above rule was framed as early as 1955, the Madras Government issued G.O. Ms. No. 1755, Health, dated 9th July, 1963, specifying the date of the publication of the notification in the Fort St. George Gazette as the date from which no person shall sell or offer or expose for sale, or have in his possession for the purpose of sale, under any description or for use as an ingredient in the preparation of any article of food intended for sale, kesari gram, kesari dal etc. Though almost all the States in India have brought Rule 44 -A into force by notifications, the rule has still not been extended in Madhya Pradesh as would appear from the penultimate paragraph of the judgment of the lower appellate Court which set aside the confiscation of the goods kept by the petitioners and permitted the same to be transported to Madhya Pradesh.