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TMI Blog1969 (6) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... ly convicted him under S. 16(1)(a) (i) read with Ss. 7 and 2 (i) (j) of the Prevention of Food Adulteration Act (hereinafter called the Act). He found that the case of adulteration was not proved on the basis of Kesari Dhall flour. He also held that the case did not fall under Section 2(i)(1) of the Act, and awarded a sentence of six months' simple imprisonment and a fine of Rs. 100/- and in default to suffer simple imprisonment for two months. 2. The accused filed Crl. A. No. 95/63 before the learned Sessions Judge, Chittor, and the latter agreed with the finding of the trial Judge that the accused had used the prohibited coaltar-dye and confirmed the conviction and sentence. The accused filed this Revision Petition. 3. There is a concurrent finding of the two lower courts based on convincing evidence that the accused said Mysorepak to the Food Inspector (P. W. 11 on 30-9-67 at 7-00 P.M. and that it contained metanil yellow coaltar-dye, as per the report of the Public Analyst (Ex P. 4). The correctness of that finding of a fact, is not challenged before me by the learned advocate for the accused. I see no reason to disagree with that concurrent finding of fact. 4. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cribed means prescribed by rules made under this Act Part VI of the rules framed there under contain prohibition regarding colouring matters, as follows; (a) Coloruing matter which is not specifically permitted by the rules. (b) Inorganic colouring matters and pigment (c) Coaltar dyes other than those mentioned in Rule 28, and which are permitted only in the articles of food mentioned in Rule 29 and to the extent mentioned in Rule 30. 6-7. Rules specifically permitting addition of coloring matter run as follows; Natural coloring matters which are specified in Rule 26. Coaltar dyes are specified in Rule 28 and are restricted to the articles of foods mentioned in rule 29 whose maximum limit is fixed in Rule 30 and whose purity is fixed by Rule 31. 8. In the present case, mentanil yellow is a coaltar dye. It is not mentioned in Rule 28 and therefore it is specifically prohibited by Rule 28. As it is not specifically permitted it is also prohibited under Rule 23. The word prescribed as used in S. 2 of the Act, has not been further defined. In Chambers's Dictionary the meaning of the word prescribe has been given as follows: To lay down as a rule or direction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny additional provision in the second part in Section 2(i)(j) of the Act for that same matter. But the second part of section 2(i)(J) would certainly be applicable to cases of items of colouring matters which are permitted by the rules and for which, rules prescribe limits of Variability in figures (e.g.) as in Rule 30 and in respect of coaltar dyes which are specifically permitted under Rule 28. 10. The learned Public Prosecutor contends that the word and in section 2(i)(j) of the Act has to be read as or as literal interpretation of the word and as conjunctive would lead to an absurdity viz., that a totally prohibited colouring matter may be used than the prescribed limits. This contention of the learned Public Prosecutor is supported by the decision in AIR1965Ker96 . In the case, some Jam Roll was found to contain a non-permitted coal-tar-dye , Rhodamine 'B' which is not one of the dyes specifically mentioned in Rule 28. The learned Judge extracted portions from the following decisions. Shamrao v. District Magistrate, Thana 1952CriLJ1503 , Siraj-ul-Haq Khan v. S. C. Board of Waqf, U. P. [1959]1SCR1287 , State of Bombay v. R. M. D. Chamarbaughwala, [1957]1SCR874 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is our duty, to interpret words of ambiguous meaning I a broad and liberal sense so that they will not become traps for hones unlearned (in the law) and unwary men .' In this particular, case if the word and is read as 'or there is no reasonable interpretation, whereas on the other hand, if the word is read as or , the provision has meaning. Therefore this is not a case of interpreting words of ambiguous meaning such as existed in the aforesaid decision. 14. In Rosenbaum v. Burgoyane. (1964) 2 All E. R. 988 at p. 991 it has been stated as follows; It has been well settled by authority that the terms of a stature imposing penalties must be construed strictly act if the meaning of the words used is doubtful the doubt should be resolved in favour of the subject.' Sri Chenakesava Reddy relies on this decision also. In that case, two possible interpretations were put forward and the learned judges treated one interpretation as correct by construing the terms of the statute strictly. In that case by strictly construing those terms, as intelligible interpretation resulted. In the present case, if the word 'and as it stands if strictly read with its dicti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce under S. 16 91) read with Section 7 and 2(i)(j) of the Act, I reject contention (2). 17. Contention (3) : ---- The sentence awarded by the lower Court is the minimum prescribed under the Act. The learned Sessions Judge states in the judgments as follows: It is stated that the accused is an old man and the sentence of imprisonment will be very heavy and even the sentence of fine would be heavy, considering his status, But unfortunately the section clearly provides for a minimum sentence of imprisonment and fine. I feel that there is no discretion left to the Court to show any lenience on any one of the grounds advanced in this case that is, his poverty and old age. I therefore confirm the conviction and the appeal is dismissed. The learned Session Judge felt that it was a hard case but also felt helpless to deal with the case in the manner other than confirming the sentence imposed against him. Sri China Kesava Reddy points out that, in addition the accused being an old man, he is a petty ship-keeper aged over 60 years and that the offence consists of using one coaltar dye. he points out that though Coaltar Dyes to be used. he contends that this is a fit case for acti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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