TMI Blog1975 (8) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of Section 2(1)(f) and 7(i) of the Prevention of Food Adulteration Act, sold 450 grams of Til seeds to the Food Inspector and that the Til seeds were unfit for human consumption, and thereby committed an offence under sec. 16(1)(a)(1) of the same Act and within my cognizance . The two witnesses produced to support this charge were D. P Tambe and S. P. Gaydhani. D. P. Tambe (P.W. 1), a businessman, said that he had gone. to a shop to make purchases , without giving either the name of the shop or approximate date or time of his visit. Under cross-examination, he said that he did not know whether it was a foodgrain shop. He said that he saw the complainant pick up a jar, open it. and look at its contents. He deposed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which was put into a separate plastic bag and then sealed and labelled by him. He claimed to have obtained the signatures of the accused in the presence of Tambe whom he described as the independent witness Tambe . Under crossexamination. He said that he took the signatures of Tambe on the cash memo but not on the packets, although he had deposed in his examination-in-chief that Tambe had signed the sealed packets also Incidentally, the seals of the packets were found broken due to what the Inspector described as 'handling . He admitted that no signature of the witness was obtained on the counterfoil of the cash memo. He stated: Black Tils can be used for human consumption. It is not correct to say they are used only for Pooja. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . k indicates that Tambe was probably not present at the time when the seeds were sold by the appellant to the Food Inspector. The Presidency Magistrate, after examining the whole evidence,had concluded that the version of the appellant, that there was a tall; about the actual purpose for which the Til seeds at his shop were meant, was more probable because it was supported by what the appellant had written on the cash memo when he sold these Til seeds 'o the Food Inspector. After all, the appellant, who had a grain shop, must have known that the Food Inspector could prosecute him if he kept adulterated foodstuffs for sale for human consumption. If, as the analyst's report showed, these black Til seeds were full of cocoons, visib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... article sold was not entirely irrelevant. It is more correct to say that it is presumed from the nature of the article itself or the circumstances and manner of offering it for sale. Where circumstances raise a genuine doubt on the question whether what was kept by a seller was food at all, this must be resolved (1) A. 1. R. 1975 S. C. 1309 # 1318 by evidence in the case. After all, if what is stored or sold in a shop was neither food nor meant to be so used could a person be prosecuted on the ground that he sold it in an adulterated condition ? It was contended on behalf of the appellant that the whole object of the Act was to prevent adulteration of food meant for Human consumption. Our attention was invited to a passage from Pya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mon knowledge that black Til seeds are not used as food. Even if this be true, it is not so widely known a fact that we could take judicial notice of it. It is also urged that, when the case of the appellant, supported by his cash memo, is that the particular black '`Til seeds where meant to be sold only for pooja for being burnt like incense or thrown into fire in the course of pooja. it cannot be said that this case had been repelled by the mere statement of the Food Inspector that they can be used as food also. Such a statement amounted at least to a partial admission that they arc used for Pooja. Therefore, it is urged, they could have been kept for the purpose of being sold 11 only as a substance used for pooja and not as human fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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