AMAR MASALA CO. THROUGH YATINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was convicted for the offence under Sec. 16(l)(a)(i) of the Prevention of Food Adulteration Act (hereinafter called 'the Act') and sentenced to pay a fine of Rs. 4,000.00 or in default to undergo S I. for one year by the Chief Judicial Magistrate Solan. His appeal against his above said co- Action and sentence was dismissed by the Sessions Judge. He has contented the revisional jurisdiction of this Court under Sec. 397 Cr. P.C. tor quashing of his conviction and sentence.

(2.) The facts of tins case show that the petitioner is the proprietor of a firm known as Amar Masala Company which inter alia manufactures a commodity known as Garam Masala. The petitioner had sold certain quantity of his product, that is, Garam Masala to M/s. Behari Lai Ishwar Dass. The Food Inspector picked up a sample of this Garam Masala from Shri Ishwar Dass of M/s. Behari Lai Ishwar Dass at Dharampur on 24-2-1/78. The sample was taken and dealt with in the manner prescribed under the Act and the Rules framed thereunder. On being analysed by the Public Analyst it was found to contain 7.63% Sodium Chloride. The Public Analyst opined that the contents of 7.63% Sodium Chloride in the sample were in excess of the maximum prescribed standard of 5%. The sample was, therefore, treated as adulterated and the present petitioner who was presumably impleaded as a co-accused under Sec. 20 of the Act was convicted and sentenced as above.

(3.) The only contention put forward on behalf of the petitioner by his learned counsel Shri Punshi is that the sample of Garam Masala could not be termed as adulterated in view of the report of the Public Analyst simply because it contained 7.6% Sodium Chloride. According to the learned counsel the Public Analyst had applied the standard prescribed for 'curry powder' in opining that the contents of Sodium Chloride to the extent of 7 63% were in excess of the prescribed standard of 5%. 'Garam Masala' and 'Curry Powder', according to the learned counsel, are two different commodities and the standard prescribed for curry powder could not be applied for Garam Masala for which no standard had been prescribed under the Ad or the Rules framed thereunder. The standard prescribed for curry powder is found against item No. A. 05.21 in Appendix B appended to the Rules framed under the Act. This item reads :