Mitha Ram vs The State of Punjab

M.M. Punchhi, J.—This petition would merit acceptance on the ratio of Rattan Chand v. The State (U.T. Chandigarh) Crl. R. No. 1072 of 1985 Crl. Revision No. 1072 of 1985 and Munshi Ram v. State of Punjab Crl. R. No. 1082 of 1985, Crl. Revision No. 1082 of 1985, both decided on February 28, 1989.

The Petitioner, an aged man of 86 years, was found selling vanaspati ghee in village Kishanpura, district Ferozepure. The Food Inspector purchased 1.5 Kgs. of the said ghee for the purpose of analysis. It was divided in three equal parts in the prescribed manner and one such part sent for analysis to the Public Anaylyst. The sample was found adulterated. The Petitioner exercised his right u/s 13(2) of the Prevention of Food Adulteration Act. 1954, and the Director, Central Food Laboratory, Ghaziabad, also found it to be adulterated. The latter report became conclusive evidence that the sample was adulterated.

Challenge here is to the manner of taking the sample. Nowhere did the Food Inspector mention in his complaint that the vanaspati ghee had been stirred before taking the sample. Rather in the blank, in complaint Exhibit PC, the words ''after mixing'' have been scored off under the initials of the Food Inspector. The complaint has been left to read "1.5 KGs. of vanaspati ghee was purchased by me." The mere fact that in his cross-examination at the trial. he stated that he had stirred the ghee is of no consequence as held in Rattan Chand and Munshi''s cases (supra) Ghee had to be mixed in order to be of a homogeneous content as held in Municipal Committee, Amritar v. Ram Parkash etc. Crl. Misc. No. 1458 of 1971, Crl. Misc. No. 1458 of 1971, decided on December 21, 1971. The view taken was that the two precautions were necessary (i) the contents of the entire tin should be heated so that they change from semi-solid state to the liquid state; and (ii) the contents of the tin should be thoroughly stirred This becomes all the more necessary as there is a prescribed limit for the melting point and if it is above the maximum prescribed, the sample would be adulterated. It becomes thus necessary to have the food-stuff homogenous in character by melting and stirring. For this reason, the conviction of the accused-Petitioner is not sustainable Accordingly, he is acquitted of the charge-Fine, if paid, be refunded to him.