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TMI Blog1964 (2) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... sence. It may be mentioned that even in the seizure memo the Food Inspector noted the ghee purchased by him as pahadi ghee . One of the samples was forwarded to the Public Analyst to the Government of Uttar Pradesh for analysis for as certaining whether the said ghee was adulterated. The analysis disclosed that in several respects the samplewas substandard and that in particular it had a Reichert Value of 22-5 as against the prescribed minimum of 28 for ghee in Uttar Pradesh. After setting out the details of the analysis, the Public Analyst expressed the opinion that the sample contained a small proportion of vegetable fat or oil foreign to pure ghee . On receipt of this report, the Medical Officer of Health, Haidwani sanctioned the prosecution of the respondent and a complaint was thereafter laid before the Magistrate 1st Class by the Food Inspector. The respondent pleaded not guilty and entered on his defence. Subsequently, the second sample was got analysed by the Director, Central Food Laboratory, who reported that his analysis disclosed a Reichert Value of 21-7 as against 22-5 of the Public Analyst. The opinion expressed by him as regards the sample of ghee which he analysed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erimprisonment for three months. The respondent preferred an appeal to the Sessions Judge Kumaon, and raised the same pleas and defences as he put forward before the learned Magistrate. The Sessions Judge concurred in the finding of the Magistrate regarding the story of the respondent having bought the ghee from Jodhpur, and he also agreed with the Magistrate about the effect of the decision of the Division Bench of the High Court which was also relied on before him. The Sessions Judge, however, while upholding the conviction reduced the sentence of imprisonment from six months to one month and the fine to ₹ 200. The respondent thereupon filed a Criminal Revision petition to the High Court under ss. 435 and 439 of the Criminal Procedure Code. The learned Judge of the High Court agreed with the Courts below on the finding of fact as regards the Jodhpur origin of the ghee observing as the file stands I am satisfied that this ghee was of local origin . There was, of course, no point raised before him as regards the correctness of the analysis. 'Me learned Judge, however, held that the basis on which the Reichert value had been prescribed for the several areas in the coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epresent the Union territories; (g) two representatives of Industry and Commerce nominated by the Central Government; (h) one representative of the medical profession nominated by the Indian Council of Medical Reserch . Section 7 which prohibits the manufacture and sale of adulterated food reads: No person shall himself or by any person on his behalf manufacture for sale, or store, sell or distribute (i) any adulterated food;...... Section 8 makes provision for State Governments appointing Public Analysts and s. 9 for the appointment of Food Inspectors. The next material provision is that contained in s. 13 which deals with the reports of the analysis of food for the purpose of ascertaining whether there are adulterated or sub-standard etc. Its first sub-section directs the Public Analyst to make a report and under sub-s. (3) the Certificate issued by the Director of the Central Food Laboratory under sub-s. (2) is to supersede the report given by a Public Analyst under sub-s. (1). Section 16 provides for the penalties for offences under the' Act. Section 23 confers on the Central Government power to make rules but these rules have to be framed after consulta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in the manner in which he has done, purporting to invoke Art. 14 of the Constitution, and in virtually setting up what he considered was the reasonable standard of quality which should determine whether the ghee sold by the respondent was adulterated or not. We entirely agree with this submission. Now, it is common ground that if the rules were valid and the standards prescribed enforceable, the ghee sold by the respondent was 'adulterated' with the result that the respondent was guilty of an offence under s. 7 read with s. 16 of 'the Act. The only question is whether there was any material placed before the Court for refusing to apply the rules for determining the standards of quality. The standards themselves, it would be noticed, have been prescribed by the Central Government on the advice of a Committee which included in its composition persons considered experts in the field of food technology and food analysis. In the circumstances, if the rule has to be struck down as imposing unreasonable or discriminatory standards, it could not be done merely on any apriori reasoning but only as a result of materials placed before the Court by way of scientific analysis. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribed for Himachal Pradesh and Uttar Pradesh and on no other. It was, however, not as if the entire State of Himachal Pradesh is of uniform elevation or even as if no part of that State is plain country but yet if the same minimum was prescribed for the entire area of Himachal Pradesh, that would clearly show that the elevation of a place is not the only factor to be taken into account. At this stage it might be pointed out that the test for Reichert or Reichert-Meissl value of ghee is one of the important tests for detecting adulteration with certain vegetable oils by determining the proportion of the volatile soluble acids in the ghee. The presence of the adulterant disturbs the ratio existing in normal butter fat or ghee between soluble and insoluble acids and volatile and nonvolatile acids. The Reichert value of pure ghee is not constant, but is dependent on several factors-among them the breed of the cattle to be found in an area, whether the cattle are pasture fed or stall fed, and the nature of the additional feed given, the nature of the terrain, the rainfall and climatic conditions etc. That the feed available for the cattle is a very material and determining factor is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered was the rationale underlying the division into zones. As already explained, even in Himachal Pradesh the elevation of every place is not the same and there are areas which are higher than others and so the test adopted does not even satisfy logic. We do not consider that the Court was justified in practically legislating and laying down what the rules should be rather than give effect to the law by adherence to the rules as framed. In the case now under appeal the learned Judge took the matter a step further and he adopted the lowest Reichert value prescribed for any area in the country as that which he would adopt for every other area in the country disregarding the rules. We find no justification for this either and, in fact, if the learned Judges in Malik Ram's case(A.I.R. 1962 All. 156.) were in error in applying the Himachal standard to hilly areas of Uttar Pradesh, the judgment now under appeal discloses even more error. We might add that if one could legitimately discard the standard prescribed in the rules, as the learned Judge has done, we do not see any principle in holding, as he seems to indicate, that where the Reichert value is below 21 the ghee sho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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