TMI Blog1997 (9) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... Dwivedi after disclosing his identity to the petitioner, purchased Vanaspati Ghee of Suhagin Brand, out of which he took a sample of the Ghee in accordance with the procedure and on receipt of report of Chemical Examiner, which confirmed that the sample of Ghee was deficient in the prescribed limit of vitamin-A, he filed complaint against the petitioner. The petitioner was convicted and sentenced as aforesaid by the Judicial Magistrate, Sandila on 07th January, 1983. The appeal preferred by the petitioner against the said order was also dismissed. 2. The learned counsel for the petitioner Sri Mahesh Chandra and learned Government Advocate have been heard at length. 3. The learned counsel for the petitioner has raised two l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -10-722/5 dated 18 September, 1976 published in U.P. Govt. Gazette dated 13-11-76. Sd/- Chief Medical Officer Hardoi. 5. Section 20 of the Prevention of Food Adulteration Act, 1954, referred to as the Act provides that a written consent of the Prescribed Authority is a condition precedent for launching of prosecution for an offence under Section 7 of the Act. Written consent of the Prescribed Authority is invariably referred to as sanction for prosecution. The Prescribed Authority in order to sanction the prosecution of a person under the Act is required to apply its mind on the facts of the case, so as to satisfy himself that a prima facie case is made out for the prosecution of the person. The portion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levant documents to the Chief Medical Officer, who gave his consent and identified the signature of Dr. A. S. Gupta on the same. In his cross-examination he admitted that he himself did not put up the relevant documents before the Chief Medical Officer nor he was present when the order Ex.Ka-6 was passed. He also did not say as to which documents he had forwarded for obtaining consent of the Chief Medical Officer. Now a perusal of the consent order of the Chief Medical Officer, Ex.Ka-6, reproduced above, further confirms that it does not specify the papers which were put up before him for his consideration. The sanction order on the face of it becomes imperfect or defective as it does not satisfy the legal requirement of application of mind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and accused is entitled to its benefit. The learned courts below failed to appreciate that the requirement of Section 20of the Act have not been complied with in this case. 7. The other contention of the learned counsel for the petitioner is equally acceptable. According to the learned counsel for the petitioner Appendix-B to the Act enumerates the requisite standard of various edible articles and in order that the articles of food are pure, these are to conform to the standards given in this Appendix. Vanaspati Ghee is at serial-Standard No.A-19 of Appendix-B. The sample of Vanaspati Ghee taken from the petitioner was found to be adulterated on the basis of the Analyst report because the contents of Vitamin 'A' were fou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tic Vitamin 'A' in Vanaspati Ghee cannot be extracted by any method and on account of natural decay its strength decreases in the Vanaspati Ghee and the requirement of law is met if at the retail point the test of the Vanaspati show positive i.e. presence of Synthetic Vitamin 'A' in the same. Learned counsel has relied upon the decision of Delhi High Court in Municipal Corporation of Delhi v. Mal Ram alias Bhaya Ram 1974 FAC 19, which was a case of Haldi powder. The already existing requisite standard of Haldi was substituted by a new one through a subsequent notification. The High Court relied upon a decision of Supreme Court in Ratan Lal v. State of Punjab AIR 1965 SC 444 and it was held that the notification which substit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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