LexM/S. MURLIDHAR SHYAMLAL AND ANR . versus STATE OF ASSAM
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M/S. MURLIDHAR SHYAMLAL AND ANR .
A
v.
STATE OF ASSAM
JANUARY 18, 19%
[K. l{AMASWAMY AND G.B. PATTANAIK, JJ.]
B
Food Adulteration Act, 1954/Food Adulteration Rules, 195'i :
S. 7, 19(2)/Rule 12-A-Article of food stored for sale-Found adul-
terate~Liability for prosecution-Vendor could be absolved from the liability C
if he could prove that he purchased the article of food with a written wa1ranty
in F onn VI-A in tenns of kule 12-A that the article of food sold was in the
same nature and quality of the article supplied-Cash Memo given by
dealer-To be constnted in the language employed therein and benefit of
doubt given.
K Ranganatha Reddiar v. The State of Kera/a, (1969] 2 SCC 457 at
459, relied on.
CRIMINAL APPELLATE JURISDICT!ON : Criminal Appeal No.
127 of 1996.
From the Judgment and Order dated 23.6.92 of the Assam High
Court in Govt. Cr!. A. No. 62 of 1985.
M.L. Lahoty, Ms. Sangita Pandey, P.S. Jha and Pawan Sharma for
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Ms. Manjula Gupta for the Respondent.
The following Order of the Court was delivered :
Leave granted.
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Though notice was served on the State, non appeared and pursuant
to another notice given to the State counsel, she has circulated a letter
stating that she did not get any instructions from the State and that,
therefore, she cannot proceed with the matter. We have heard the Counsel
for the appellants.
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763
A
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764
SUPREM I'. COUR TREPORTS
(1996] 1 S.C.R.
The appellant was charged for an offence under Section 7 read with
Section 16 of the Prevention of Food Adulteration Act, 1954 (for short,
'the Act') for adulteration of mustard oil. The offence had taken place on
1.2.1984. Cons~quently, if the offence is proved, the sentence would be of
mandatory character. He wao acquitted by the trial court but on appeal,
the High Court set aside the acquittal and the appellants were convicted
and sentenced to undergo imprisonment for a term of six months and also
to pay a fine of Rs. 1,000 and in default, he was to undergo further
imprisonment for a period of one month. Both sentences were directed to
run concurrently.
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The learned Magistrate consideriog Section 19(2) read with Rule
12A of the Food Adulteration Rules, 1956 (for short, 'the Rules') found
that since the appellant was armed with a warranty as envisaged there-
under, he had not committed the offence of adulteration of food. Accord-
ingly, he acquitted the appellant. On a composite appeal filed in the High
Court, the learned single Judge in Government Criminal Appeal No. 62 o~
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1985 set aside the acquittal and convicted the appellants for the aforesaid
offence. Thus this appeal by special leave.
Learned counsel for the appellants relyiog upon Section 19(2) and
Rule 12-A of the Rules contended that on the appellant proving that he
E purchased article of food from a manufacturer or a dealer with a warranty
as envisaged in Rule 12-A, he is absolved of the offence and the only
remedy for the prosecution is to proceed against the manufacturer or
dealer or distributor etc.
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Section 19(2) of the Act reads thus :
"19.(2) A vendor shall not be deemed to have committed an offence
pertaining to the sale of any adulterated or misbranded article of
food if he proves-
(a) that he purchased the article of food -
(i)
in a case where a licence is prescribed for the sale
thereof, from a duly licensed manufacturer, distributor
or dealer;
(ii)
i!1 any other case, from any manufacturer, distributor
or dealer,
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MURLIDHAR SHYAMLAL v. STATE
765
with a written warrantee in the prescribed from; and
(b) That the article of food while in his possession was properly
stored and that he sold it in the same state as he purchased
it.
Rule 12-A of the Rules reads thus :
"12-A. Wairanty. - Every manufacturer, distributor or dealer selling
an article of food to a vendor shall give either separately or in the
bill, cash memo or label, a warranty in Form VI-A"
The warranty shall be in the prescribed from VI-A which reads thus:
FORM VI-A
(See Rule 12-A)
Form of Warranty
Invoice No ................ .
Place ............... .
From ............... .
Date ................. .
To .................... .
Date
Nature and quality
Batch No. or
of
of article/Branch
Code No.
Quantity
Price
Sale
Name, if any
1
2
3
4
5
I/We hereby certify that food/foods mentioned in this invoice
is/are warranted to be of the nature and quality which Excerpt shown. Read the full judgment & AI analysis in Lexace.