Case: Rajal Das Guru Namal Pamanani Vs. The State Of Maharashtra

shall not be deemed to have committed an offence pertaining to the sale of any adulterated or mis-branded 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) in any other case, from any manufacturer, distributor or dealer with a written warranty in the prescribed form; 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." 8. The appellant contended that he was protected by Section 19(2)(a)(i) because he purchased the compounded asafoetida from a duly licensed manufacturer and he sold in the same state as he purchased it. The contention of the appellant is that 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 that he purchased the article of food in a case where a licence is prescribed for the sale thereof from a duly licensed manufacturer, distributor or dealer. The appellant contended that the words "with a written warranty in the prescribed form" attach only to Section 19(2)(a)(ii) and not to Section 19(2)(a)(i). He purchased the article from the company who were licensed manufacturer. Therefore, his contention is that he is not deemed to have committed any offence. 9. The Prevention of Food Adulteration Rules which are referred to as the Central Rules deal in Part IX with conditions for sale and licence. Rule 50 states that no person shall manufacture, sell, stock, distribute or exhibit for sale the articles of food, mentioned thereunder except under a licence. Compounded asafoetida is one of the articles mentioned therein. 10. Rule 12A speaks of warranty. Every trader selling an article of food to a vendor shall, if the vendor so requires, deliver to the vendor a warranty in form VI-A. The prescribed form VI-A mentions invoice Number, place, date, names of seller and purchaser. There are also columns of date of sale, nature and quality of article, quantity and price. At the foot of the form those words occur: "We hereby certify that food/foods mentioned in this invoice is/are warranted to be the same in nature, substance and quality as that demanded by the vendor. Signature of trader/traders." 11. Rule 12A contains a proviso that no warranty in such form (meaning form VI-A) shall be necessary if the label on the article of food or the cash memo delivered by the trader to the vendor in respect of that article contains a warranty certifying that the food contained in the package or container or mentioned in the cash memo is the same in nature, substance and quality as demanded by the vendor. 12. The Explanation to Rule 12A is that the term "trader" shall mean an importer, manufacturer, wholesale dealer or an authorised agent of such importer, manufacturer or wholesale dealer. 13. It follows from these provisions that a manufacturer has to print a label on the article of food containing a warranty as contemplated in the Act or the manufacturer has to give a cash memo to the vendor in respect of that article containing a warranty as mentioned in the Act and Rules thereunder. 14. The reason why a warranty is required in both the cases contemplated in Section 19(2)(a)(i) and (ii) is that if warranty were not to be insisted upon by the statute and if a vendor would be permitted to have a defence merely by stating that the vendor purchased the goods from a licensed manufacturer, distributor or dealer adulterated or misbranded articles would be marketed by manufacturers, distributors, dealers as well as purchasers from them with impunity. That is why a written warranty is enjoined in both the cases in Section 19(2)(a)(i) and (ii). Section 19(2)(a) of the Act will provide a defence where a vendor purchases article of food from a licensed manufacturer, distributor or dealer with a written warranty in the prescribed form. Again, a vendor shall not be deemed to have committed an offence pertaining to the sale of any aduterated or misbranded article of food if he proves that he purchased the article from any manufacturer, distributor or dealer with a written warranty in the prescribed form. These, salutary provisions are designed for the health of the nation. Therefore, a warranty is enjoined. No laxity should be permitted. 15. Counsel for the appellant relied on the decision of this Court in Andhra Pradesh Grain & Seed Merchants` Association etc. etc. v. Union of India and Anr. [1971] 1 S.C.R. 166 and the observations at page 173 of the Report in support of the proposition that a written warranty in the prescribed form is required only in the case of purchase of articles from manufacturer, distributor or dealer as contemplated in Section 19(2)(a)(ii) of the Act. That is misreading the decision. At page 173 of the Report it is said that a vendor is protected if he has obtained the article from a licensed manufacturer, distributor or dealer with a warranty. 16. The appellant also contended that samples were not taken in accordance with the provisions of the Act and the rules thereunder. Rule 22 states that in the case of asafoetida the approximate quantity to be supplied for analysis is 100 grams and in the case of compounded asafoetida 200 grams. The Public Analyst did not have the quantities mentioned in the Rules for analysis. The appellant rightly contends that non-compliance with the quantity to be supplied caused not only infraction of the provisions but also injustice. The quantities mentioned are required for correct analysis. Shortage in quantity for analysis is not permitted by the statute. 17. It is rather surprising that the High Court acquitted the manufacturer and convicted the grocer. The grocers defence was that in spite of requests the manufacturer did not give a warranty. 18.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]Rule 12A contains a proviso that no warranty in such form (meaning form VI-A) shall be necessary if the label on the article of food or the cash memo delivered by the trader to the vendor in respect of that article contains a warranty certifying that the food contained in the package or container or mentioned in the cash memo is the same in nature, substance and quality as demanded by theExplanation to Rule 12A is that the term "trader" shall mean an importer, manufacturer, wholesale dealer or an authorised agent of such importer, manufacturer or wholesalefollows from these provisions that a manufacturer has to print a label on the article of food containing a warranty as contemplated in the Act or the manufacturer has to give a cash memo to the vendor in respect of that article containing a warranty as mentioned in the Act and Rulesreason why a warranty is required in both the cases contemplated in) and (ii) is that if warranty were not to be insisted upon by the statute and if a vendor would be permitted to have a defence merely by stating that the vendor purchased the goods from a licensed manufacturer, distributor or dealer adulterated or misbranded articles would be marketed by manufacturers, distributors, dealers as well as purchasers from them with impunity. That is why a written warranty is enjoined in both the cases in) and (ii). Section 19) of the Act will provide a defence where a vendor purchases article of food from a licensed manufacturer, distributor or dealer with a written warranty in the prescribed form. Again, a vendor shall not be deemed to have committed an offence pertaining to the sale of any aduterated or misbranded article of food if he proves that he purchased the article from any manufacturer, distributor or dealer with a written warranty in the prescribed form. Thesesalutary provisions are designed for the health of the nation. Therefore, a warranty isappellant also contended that samples were not taken in accordance with the provisions of the Act and the rules thereunder. Rule 22 states that in the case of asafoetida the approximate quantity to be supplied for analysis is 100 grams and in the case of compounded asafoetida 200 grams. The Public Analyst did not have the quantities mentioned in the Rules for analysis. The appellant rightly contends that non-compliance with the quantity to be supplied caused not only infraction of the provisions but also injustice. The quantities mentioned are required for correct analysis. Shortage in quantity for analysis is not permitted by theis rather surprising that the High Court acquitted the manufacturer and convicted the grocer. The grocers defence was that in spite of requests the manufacturer did not give a warranty.