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

The appellant is a grocer. He sells compounded asafoetida. He purchased compounded asafoetida intins from the New India Hing Supplying Company, Bombay. In August, 1967, the Food Inspector purchased 300 grams of asafoetida for the purpose of analysis. The Food Inspector made three packets of 100 grams each and sent one of the packets to the Public Analyst at Poona. The report of the Public Analyst was that the alcoholic extract content in the asafoetida was 3.77 per cent whereas 5 per cent was the required quantity under the Act. It may be stated that A-04 in Appendix B to the Rules under the Act defines the standard of quality of asafoetida. It is stated that compounded asafoetida shall not contain less than 5 per cent alcoholicappellant sold the goods in three different sizes of tins of 50 grams, 500 grams and 1500 grams. The Food Inspector purchased six tins of 50 grams each in the month of September, 1967. Out of these six tins the Food Inspector prepared three packages each package containing 2 tins. The Food Inspector also purchased 300 grams of compounded asafoetida breaking open the seal of a tin containing 500 grams. The FoodInspector made three packages out of the said 300 grams of asafoetida. The Food Inspector also purchased 300 grams of compounded asafoetida from a tin containing 1500 grams by breaking open the seal of one of the tins. The Food Inspector also made three packages out of the said 300 grams. The Food Inspector sent three packages one from each group to the Public Analyst at Poona. The report of the Public Analyst was that the alcoholic extract contents were 3.42, 3.3 and 3.33 per cent respectively.

Reasoning: 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.