Judgment Case ID: 5926

Judgment:
Criminal Appeal No. 26 of 1989. From the Judgment and Order dated 17.4.1984 of the Gujarat High Court in Crl. Appeal No. 1097 of 1980. V.B. Ganatra and V.N. Ganpule for the Appellant. Girish Chandra	 M.N. Shroff and M.N. Goswami for the Respondents. The Judgment of the Court was delivered by 142 VENKATACHALIAH	 J. By this petition for grant of Special Leave under Article 136 of the Constitution	 coming up after notice to the State of Gujarat	 the applicant seeks leave to appeal to this Court from the judgment of the High Court of Gujarat in Criminal Appeal No. 1097 of 1980 restoring the conviction and sentence passed by the Chief Judicial Magis trate	 Valsad	 against the petitioner in Criminal Case of 48 of 1979 for an offence under the Prevention of Food Adulter ation Act 1954. ( 'Act ' for short) Special Leave is granted and the appeal is taken up for final hearing	 heard and disposed of by this judgment. Appellant was charged before the Chief Judicial Magistrate	 Valsad	 by the Food Inspector	 Navasari Munici pality	 with the offence of selling "Kesari coloured sweet supan sali" alleged to have been adulterated with "Yellow basic coal tar dye". The learned Magistrate found the appel lant guilty of the offence and imposed a sentence of an year 's simple imprisonment and a fine of Rs.2	000	 both of which were the statutorily compulsory minimum sentences under Section 16(1)(A)(i) of the Act. Learned Sessions Judge	 Valsad	 by his judgment	 dated 14.3.1980	 in Criminal Appeal 32 of 1979 preferred by the appellant	 however	 set aside the conviction and sentence and acquitted the appellant of the charge. On further appeal by the State against the said acquit tal	 the High Court of Gujarat allowed the State 's appeal and	 in reversal of the judgment of acquittal of the learned Sessions Judge	 restored the conviction and sentence passed by the learned Chief Judicial Magistrate. Appellant is a tradesman carrying on business within the limits of Navsari Municipality. On 7.12.1978	 respondent No. 2	 the ' food inspector of Navsari Municipality	 pur chased from the appellant 600 gins. of "kesari coloured sweet supari sali" and after complying with the procedural formalities packed and sealed the "supari" into three sepa rate packages of 200 gins. each and one of them was sent to the Public Analyst who by his report dated 20.12.1978 (Ext. 12) affirmed that the sample contained a "yellow basic coal tar dye" and that it did not conform to the standard laid down under the Rules. On 19.1.1979	 the Food Inspector with the prior sanction of the District Health Officer	 Valsad	 (Ext.14)	 filed a complaint in the Court of the 143 Chief Judicial Magistrate	 Valsad. The prosecution culminat ed	 as aforesaid	 in the conviction and sentence imposed by the learned Chief Judicial Magistrate	 and later restored by the High Court. Appellant now seeks to assail the legality of the conviction. We have heard Sri V.B. Ganatra	 learned counsel for the appellant and Sri Girish Chandara and Sri M.V. Goswami	 learned counsel for Respondents. 1 and 2	 respectively. Though a number of grounds are taken in the memorandum of the Petition for special leave	 however	 at the hearing Sri Ganatra confined his submission only to one aspect of the matter which	 if accepted as correct	 would go to the root of the case for the prosecution. Apparently	 this contention in the form in which it is presented here was not placed before the High Court as we find no reference to it in the judgment. Appellant 's Learned Counsel contended that "Supari" or "Betel nut" is basically and essentially an yield of the Areca Palm and must	 therefore	 be held to fall under "Fruit products" within the meaning of Rule 29(f) of the Prevention of Food Adulteration Rules	 1955	 ( 'Rules ' for short) and	 accordingly	 the use of permitted coal tar food colours in it is not prohibited by law. It was further urged that the Public Analyst had not held that the "Yellow basic coal tar dye"	 found in the sample	 was not one of those food colours prohibited under Rule 28 and that	 there fore	 its use in "supari" which was a "Fruit product" cannot be said to be prohibited. Alternatively	 Sri Ganatra con tended that the "supari" in this case was a "flavouring agent" within the meaning of Rule 29(m) in which case also the use of permitted coal tar food colours	 was not prohib ited. On the contentions urged at the hearing	 the points that fall for consideration are	 first	 whether the "supari" concerned in this case was a "Fruit product" or	 alterna tively	 a "Flavouring Agent" within the meaning of Rule 29(f) or (m) respectively and	 accordingly	 the use in it of permitted coal tar dyes or food colours was not prohibited and	 secondly	 whether	 even if	 after an elaborate enquiry	 it was held that "supari" was not a "Food product" appellant having acted bonafide on a possible and not an unreasonable view of the nature and classification of the goods	 was	 at all events	 entitled to the benefit of the doubt. It was not disputed that supari was an article of food. It was so held in Pyarali K. Tejani vs M.R. Dange	 [1974] 2 SCR 154. It was also not disputed that if "supari" did not admit itself of being classified 144 under "Fruit products" or under "Flavouring Agents" under Rule 29(f) or 29(m) respectively	 the use in "supari" of even a coal tar food colours permitted under rule 28 would amount to adulteration. The argument that "Supari". or "Betel nut" is a "Flavou ringAgent" has clearly no substance. The first contention	 therefore	 narrows itself down to whether "supari" in the form in which it was offered for sale though vegetative in origin and is derived from the usufruct of areca palm	 can be said to be a "Fruit Product" in the sense in which that expression is used and is required to be understood in Rule 29(f). To appreciate Sri Ganatra 's contention	 the scheme of the relevant rules	 in particular rules 23	 28 and 29	 requires notice. Rule 23 prohibits the addition of any colouring matter to any article of food except as specifi cally permitted by the rules. Rule 28 provides that no coal tar food colour or a mixture thereof	 except the food colours specifically enumerated in rule 28	 shall be used in food. Item 2 of the list of food colours permitted under Rule 28 includes 'Sun set Yellow FCF '. We shall proceed on the premise that the basic yellow coal tar dye found in the "supari" by the Public Analyst is amongst those enumerated food colours excepted from the prohibition under Rule 28 and is	 therefore	 permitted to be used. Then	 Rule 29 prohibits the use of even the coal tar food colours permitted under rule 28 in or upon any food other than those enumerated in rule 29. "Fruit Products" is one such item of food so enu merated under clause (f) of rule	 29. The result is that permitted coal taar food colours	 i.e. foodcolours permitted by Rule 28	 can be used if the food articles in question are "Fruit Products" as understood in Rule 29(f). But this exception from prohibition	 in favour of "Fruit Products" is further subject to such exceptions or restrictions as are otherwise made in Appendix 'B '. Sri Ganatra 's contention is that there having been no provision otherwise made in Appen dix 'B ' in respect of supari and supari being includible in "Fruit Products"	 the use in it of permitted coal tar food colours is prohibited. Shri Ganatra submits that the legis lation being penal the expression "Fruit Products" in rule 29(f) should receive a reasonably liberal construction and that	 so construed	 "supari" would reasonably admit of being considered such a "Fruit Product". We have had our attention drawn by Sri Ganatra to certain passages in 'Common Trees of India ' by Dr. Santatau (at page 111); in "Wealth of India Raw Materials" Vol. I A (pages 390	 402 03) and certain passages in the 'Dravya Guna Vignyan ' (Part II & III: at page 145 672) in support of Sri Ganatra 's contention that "Supari" or "Betelnut" being the usufruct of "Areca" tree must be held to be a "FruitProduct". Sri Ganatra says that having regard to the accepted cannons of construction appropriate to penal statutes	 "supari" or "Betel nut" which was derived from the usufruct of Areca palm admits of being classified amongst "Fruit Products" in Rule 29(f). At all events	 says learned counsel	 such a construction being a plausible one	 the appellant who had conducted his affairs on such a plau sible meaning of the statute should be entitled to the benefit of the doubt. In Encyclopaedia Britannica (Vol. 3	 p. 55 1) with reference to "Betel nut" it is mentioned: "The name betel is applied to two different plants which in the east are very closely associated in the purposes to which they are applied. The betel nut is the fruit of the areca or betel palm (Areca catechu) . . " "For chewing	 the fruits are annually gathered between the months of August and November	 before they are quite ripe	 and deprived of their husks. They are prepared by boiling in water	 cutting up into slices and drying in the sun	 by which treatment the slices assume a dark brown or black colours . " " . . Betel nuts are used as a source of inferior catechu (g.v.); its chief alkaloid is arecoline	 to which anthelmintic properties are attributed. The drug finds some use in veterinary medicine as an anthelmintic. " There is no dispute that "supari" is derived from and pre pared out of the usufruct of the Areca palm. But the ques tion as to what is the context of the idea of "Fruit Products" in Rule 29(f). The argument	 no doubt	 is somewhat attractively presented; but we are afraid	 it is more attractive than sound. The fact that a particular article of food	 as indeed most of the articles of food of vegetative origin are	 was of plant origin did not render that article necessarily a "Fruit Product". Even products derived from	 or associated in their origin with fruits need not ipso facto be "Fruit Products" for purposes and within the meaning of rule 29(f). What were envisaged as "Fruit Products" in rule 29(f)	 will be indicated by the array of items dealt with in Appendix 'B ' under item 16 "Fruit 146 Products" though the list was in the nature of an exception of R.29. Under the relevant head in Appendix 'B ' items referred are: "Fruit Juice"; "Tomato Juice"; "Fruit Syrup"; "Fruit Squash"; "Fruit Beverage" or "Fruit Drinks"; "Tomato Sauce"; "Tomato Ketchup"; "Tomato Relish";"Marmalade"; Fruit Chatni" and "Sauce" etc. The object and the purpose of the Act are to eliminate the danger to human life from the sale of unwholesome arti cles of food. The legislation is on the Topic 'Adulteration of Food Stuffs and other Goods ' [Entry 18 list III Seventh Schedule]. It is enacted to curb the wide spread evil of food adulteration and is a legislative measure for social defence. It is intended to suppress a social and economic mischief an evil which attempts to poison	 for monetary gains	 the very sources of sustenance of life and the well being of the community. The evil of adulteration of food and its effects on the health of the community are assuming alarming proportions. The offence of adulteration is a socio economic offence. In Municipal Corpn. vs Kacheroo Mal	 ; Sarkaria	 J. said: "The Act has been enacted to curb and remedy the widespread evil of food adulteration	 and to ensure the sale of wholesome food to the people. It is well settled that wherever possible	 without unreasonable stretching or straining the language of such a statute	 should be construed in a manner which would suppress the mischief	 advance the remedy	 promote its object	 prevent its subtle evasion and foil its artful circumvention . . " (Emphasis Supplied) The construction appropriate to a social defence legis lation is	 therefore	 one which would suppress the mischief aimed at by the legislation and advance the remedy. The offences under the 'Act ' are really acts prohib ited by the police powers of the State in the interests of public health and wellbeing. The prohibition is backed by the sanction of a penalty. The offences are strict statutory offences. Intention or mental state is irrelevant. In Good fellow vs Johnson	 at 944 referring to the nature of offences under the Food and Drugs Act	 1955	 it was said: "As is well known	 section 2 of the Food and Drugs Act	 1955	 constitutes an absolute offence. If a person sells to the 147 prejudice of the purchaser any food	 and that includes drink	 which is not of the nature or not of the substance or not of the quality demanded by the purchaser he shall be guilty of an offence. The forbidden act is the sell ing to the prejudice of the purchaser . " Smedleys Limited vs Breed	 is a case	 both interesting and illustrative. Smedleys Ltd. were manu facturers of canned peas of repute. Out of the three and a half million tins of peas the company produced in the year 1971	 only 4 complaints were received about the presence of extraneous matter in the tins. One of them had been pur chased by a certain Mrs. Voss from a well known stores. On opening the tin	 Mrs. Voss found a small larva of a moth in the tin. The commendable civic zeal of Mrs. Voss who report ed the larva infestation of the peas to the local authority had the effect of arraigning Smedleys Ltd. before court on charge of violation of the Food and Drugs Act	 1955. Section 3(3) of the Act enabled a defence which the company raised that the extraneous matter was "an unavoidable consequence of the process of collection or preparation" The company	 it would appear from the facts appearing in the report	 had installed and elaborate system of spot checking of the peas by mechanical screening process before canning which elimi nated extraneous matter of significantly higher or lower specific gravity than that of the peas. This process was also strengthened and supplemented by visual inspections by properly trained and experienced employees who worked for short periods to enable sustained concentration along the conveyer belt carrying the peas to the canning site. To the strange ill luck and embarrassment of Smedleys the larva which had a specific gravity and size similar to that of the peas beat the screening machine and also managed	 by virtue of its colour and shape	 to escape the surveillance of the alert visual inspectors	 who	 it is said	 were also paid a bonus if they detected and extracted any extraneous matter. The peas	 incidentally	 would be pressure cooked for 20 minutes at 250xF which	 would render the larva harmless to human health even if consumed. The company contended that the existence of the larva was despite every possible pre caution and was "an unavoidable consequence of the process of collection and preparation" within the meaning of Section 3(3) of the Act. The defence did not succeed. Smedleys as well as the seller were convicted. The House of Lords con firmed the conviction. Lord Hailsham said: " . . This innocent insect	 thus deprived of its natural destiny	 was in fact entirely harmless	 since	 prior to its 148 entry into tin	 it had been subjected to a cooking process of 20 minutes duration of 250xF	 and	 had she cared to so	 Mrs. Voss could have consumed the caterpillar without injury to herself	 and even	 perhaps	 with benefit . . " [p. 24] "Thereafter	 the caterpillar achieved a sort of posthumous apotheosis. From local authority to the Dorchester magistrates	 from the Dorchester magistrates to a Divisional Court presided over by the Lord Chief Justice of England	from the Lord Chief Justice to the House of Lords	 the immolated insect has at length plodded its methodical way to the highest tribunal in the land. It now falls to me to deliver my opinion on its case." [p. 24] Referring to the nature of the penalties under laws against food adulteration	 Lord Chancellor said: "My Lords	 as has been pointed out by my noble and learned friend	 Lord Diplock	 the expres sion 'absolute offence ' is imprecise. Clearly the offence contemplated in section 2(1) of the Food and Drugs Act 1955 is an absolute offence if all that is .meant by that is an absence of mens rea. It is one of those offences de scribed by Wright J in Sherras vs De Rutuzen which 'are not criminal in any real sense	 but are acts which in the public interest are prohibited under a penalty '." [p. 26] Confirming the conviction	 Lord Chancellor held: " . . sympathise as one may with a manu facturer with a reputation and record as excellent as that of the appellants	 to con strue the Food & Drugs Act 1955 in a sense less strict than that which I have adopted would make a serious in road on the legisla tion for consumer protection which Parliament has adopted and by successive Acts extended	 over a period	 now	 of more than a century . . " [ p.29] In Pyarali K. Tejani vs Mahadeo Ramchandra Dange	 [1974] 2 SCR 154 this court held that what constitutes the offence under the 149 'Act ' is nothing more than the 'actus reus ' and mens rea need not separately be established. In Criminal Law by J.C. Smith & Brian Hogan	 (5th Edn.)	 referring to offences in their social context the authors say: "The courts are greatly influenced in their construction of the statute by the degree of social danger which they believe to be in volved in the offence in question. They take judicial notice of the problems with which the country is confronted. The greater the degree of social danger	 the more likely is the offence to be interpreted as one of strict liability. Inflation	 drugs	 road accidents and pollution are constantly brought to our attention as pressing evils; and in each case the judges have at times invoked strict li ability as a protection for society." [p.9 2] 9. We now come to the specific question whether "supari" is includible under "Fruit Products" under rule 29(f). Sri Girish Chandra says that in arriving at the meaning of "Fruit Products"	 it is not the technical or scientific sense	 but the sense as understood in commonparlance that matters. That sense is one Sri Girish Chandra says	 which people conversant with the subject matter with which the statute is dealing would attribute to it. The words must be understood	 says counsel	 in their popular sense	 in their common commercial understanding	 "for the legislature does not suppose our merchant to be naturalists or geologists or botanists. " The standard of the test for ascertaining the meaning of words in common parlance is set by the Candanian case in Planters Nut and Chocolate Co. Ltd. vs The King	 "Would a house holder when asked to bring home fruits or vegetables for the evening meal bring home salted Peanuts	 cashew nuts or nuts of any sort? The answer is obviously 'NO '. " This test has been referred to with approval by this court. [See: Ramavatar Budhai Prasad vs The Assistant Sales Tax Officer	 (XII STC 286)] Sri Girish Chandra says that in the context of the Indian House holder we may	 with justifica tion	 add Betel nut to the list of salted pea nuts	 cashew nuts etc. 150 10. The distinction between literal and legal meaning of statutory language lies at the heart of the problem of interpretation of statutes. The court is not entitled to decline to determine the legal meaning of a statute on the principle 'non liquet '. In the present case	 a wider con struction of "Fruit Products" in clause (f) which is in the nature of exception to Rule 29 results automatically in a corresponding narrower construction of the substantive provision in Rule 29. This is not a case of a relieving provision excepting from the definition of an offence where the Rule of construction against doubtful penalisation operates. The offence is really a violation of a prohibition imposed on a penalty as a social defence mechanism in a socio economic legislation. No form of words have ever yet been framed	 with regard to which some ingenious counsel could not suggest a difficulty. But in the context of the present statute	 it would be a strain on the statutory language and the statutory scheme to include "supari" in the form in which it was sold	 within "Fruit Products" as under stood in clause (f) of Rule 29. The first contention has	 accordingly	 no substance. The second contention is that petitioner had acted bona fide on a particular understanding of the Rule 29(f) which could not be said to be wholly implausible and that	 therefore	 even if that understanding is found to be defec tive	 he should be entitled to the benefit of the doubt. The question of what a word means in its context within the 'Act ' is a question of legal interpretation and	 therefore	 one of law. The choice of the proper rule of construction to be applied to ascertain the meaning is again a matter of law. To countenance the contention of Sri Ganatra would be to "contradict one of the fundamental postulates of a legal order that Rules of law enforce objective meanings to be ascertained by the courts" and to "substitute the opinion of the person charged with the breach of the law for the law itself. " Otherwise	 the consequence would be that whenever a defendant in a criminal case "thought that the law was thus and so	 he is to be treated as though the law was thus and so	 that is	 the law actually is thus and so". [See Criminal Law: Smith & Hogan p. 70]. Justice Holmes in United States vs Wurzbach	 ; at 399 said: "Wherever the law draws a line there will be cases very near each other on opposite sides. The precise course of the line maybe uncer tain	 but no one can come near it without knowing that he does so	 if he thinks	 and if he does so it is familiar to the criminal law to make him take the risk. " 151 Referring to the principles that guide the matter	 learned authors in Criminal Law (Smith & Hogan) say: " . . for	 in the great majority of cases	 it is irrelevant whether he knows it or not. It must usually be proved that D intended to cause	 or was reckless whether he caused	 the event or state of affairs which	 as a matter of fact	 is forbidden by law; but it is quite immaterial to his conviction (though it may affect his punishment) whether he knew that the event or state of affairs was forbidden by law . " [p.68 ] " . It was held that a Frenchman might be guilty of murder in the course of duelling in England	 even if he did not know that duelling was against English law . ." [p.68] 12. The plea in the last analysis reduces itself to one of ignorance of the law. This would be no justification. Ten thousand difficulties	 it is said	 do not make a doubt. As the learned authors (supra) put it. "One who	 being ignorant of the law	 sells goods at a price in excess of the miximum fixed by the statute	 could hardly be said to have been led astray by his conscience while the 'harm prescribed ' lacks objective wrongness". The Statute we are concerned with prescribes a strict liability	 without need to establish Mens Rea. The Actus Reus is itself the offence. There might be cases where some mental element might be a part of the Actus Reus itself. This is not one of those cases where anything more than the mere doing of the prescribed act requires to be proved. There is thus no merit in the second point either. The appeal would	 therefore	 require to fail. The sen tence	 which is the statutory minimum	 cannot also be light ened by the court. But there is one poignant aspect on which learned counsel made an impassioned plea. Sri Ganatra pointed out the hardship of a small time tradesmen who	 as here	 purchase the goods from big manufac turers and sell them in retail. Very often	 the manufactur ers or wholesalers are not touched	 but the small fry are exposed to prosecution. 152 Indeed in Ganeshmal Jashraj vs Govt. of Gujarat and Anr. 	 ; Bhagwati	 J. had occasion to say: " . . It is common knowledge that these small tradesmen purchase the food stuff sold by them from the wholesalers and sometimes even directly from the manufacturers and more often than not the adulteration is made either by the wholesalers or by the manufacturers. Ordinarily it is not the small retailers who adulterate the articles of food sold by them. Yet it is only the small retailers who are caught by the food inspectors and the investi gative machinery of the food department does not for some curious and inexplicable reason turn its attention to the wholesalers and manufactures. The small tradesmen who eke out a precarious existence living almost from hand to mouth are sent to jail for selling food stuff which is often enough not adulterated by them and the wholesalers and manufacturers who really adulterate the food stuff and fatten themselves on the misery of others escape the arm of the law . . " [p. 1117] " . . The result is that a wrong impres sion is being created on the public mind that the law is being properly enforced	 whereas in fact what is really happening is that it is only. the small tradesmen who are quite often not themselves responsible for adulteration who are caught and sent to jail while there is no effective enforcement of the law against the real adulterators. This is a failing which we notice in the implementation of many of our laws. It is only the smaller flies which get caught in the web of these law while the bigger ones escape . . " [p.1118] " . . The implementation of the law does create an impression that it is a law meant to be operative only against the smaller men and that the rich and the well to do are beyond its reach. Moreover the law operates very harshly against the small tradesmen because a minimum sentence is provided and the small tradesmen are liable to be sent to jail . . " [p .1118 9] (Emphasis Supplied) 153 Krishna Iyer	 J. in Inderjeet vs U.P. State	 ; said: " . . We are disturbed that it is possible that small men become the victims of harsh law when there is no executive policy which guides prosecution of offenders . . " [p. 257] " . . Even otherwise	 there is a general power in the Executive to commute sentences and such power can be put into action on a principled basis when small men get caught by the law." [p. 257] (Emphasis Supplied) The present case	 as Sri Ganatra rightly pointed out	 is one where bigger offenders who manufactured the supari and who distributed them to the retailers have gone scot free. Unfortunately	 appellant did not	 and perhaps could not	 invoke the benevolent provisions of Section 19(2) of the Act. The offence was ten years ago and the appellate court had acquitted the appellant. The expression "Fruit Products" in the context of what the Delegated legislative authority really meant and wanted to convey	 was not a model of preci sion. The degree of precision should be such that not only those who read it in good faith understand but also that those who read it in bad faith do not misunderstand. Indeed this somewhat imperfect definition of "Fruit Products" in Rule 29(f) has since been amended enumerating precisely the specific products in which the food colours permitted by Rule 28 could be used leaving no room for the possibility of any argument of the kind advanced in this case. This amendment which came into force with effect from 15.11.1984 deleted the expression "Fruit Products" and in its place specifically enumerated the items under Rule 29(f) in which the use of permitted coal tar food colours was allowed. It is for these reasons that we think we should hold that this is a 'fit case in which the appropriate Government should exercise its executive powers of remission of the substantive sentence of imprisonment though not of the fine under Section 432 Cr. P.C. or under other law appro priate to the case. We	 therefore	 direct that the 154 imposition of the substantive sentence of imprisonment shall be postponed till appellant 's prayer for remission	 which appellant shall make within a month from now before the appropriate Government or Authority	 is considered and disposed of taking into account the observations made in this judgment. Subject to these circumstances	 the appeal is dismissed. P.S.S. Appeal dismissed.

Summary:
Rule 23 of the Prevention of Food Adulteration Rules	 1955 prohibits the addition of any colouring matter to an article of food	 except as specifically permitted by the rules. Rule 28 interdicts use of coal tar food colours or a mixture thereof	 except those specifically enumerated there in	 in food. Item 2 of the said list includes 'sun set yellow FCF '. Rule 29 prohibits the use of even the coal tar food colours permitted under Rule 28	 in or upon any food	 other than those enumerated in Rule 29. 'Fruit products ' was one such item of food so enumerated under cl.(f) of Rule 29 as it stood at the relevant time. Section 16 of the Preven tion of Food Adulteration Act	 1954 provides for punishment of the offenders. The appellant	 a tradesman	 was found guilty by the Trial Court of the offence of selling 'Kesari coloured sweet supari sali ' adulterated with yellow basic coal tar dye and sentenced to one year 's simple imprisonment and a fine of Rs.2	000	 both being statutorily compulsory 139 minimum sentences under section 16(1)(a)(i) of the Act. He was	 however	 acquitted of the charge by the first appellate court but on appeal by the State the High Court reversed the judgment of acquittal and restored the conviction and sen tence. In this appeal by special leave	 it was contended for the appellant that the legislation being penal	 the expres sion 'Fruit products ' in Rule 29(1 ') should receive a rea sonably liberal construction	 and if so construed	 'supari ' being basically and essentially an yield of the arecapalm would reasonably admit of being considered such a fruit product in which the use of coal tar colours was not prohib ited. In the alternative	 it was contended that 'supari ' in the form in which it was offered for sale in this case was a 'flavouring agent ' within the meaning of Rule 29(m)	 in which case also the use of permitted coal tar food colours was not prohibited. It was further contended that the appel lant having acted bona fide on a particular understanding of Rule 29(1) which could not be said to be wholly implausible	 he should be entitled to the benefit of doubt. Lastly	 a grievance was made that the appellant	 who was a small time tradesman and had purchased the supari from a big manufac turer to sell in retail	 had alone been exposed to prosecu tion while the distributor had gone scot free. Dismissing the appeal	 HELD: 1.1 The scheme of Rule 23	 28 and 29 of the Pre vention of Food Adulteration Rules	 1955 makes it apparent that coal tar food colours permitted by Rule 28 can be used if the food articles in question are 'Fruit products ' as understood in Rule 29(1). [144C	 F] 1.2 'Supari ' in the form in which it was offered for sale in the instant case though vegetative in origin and derived from and prepared out of the usufruct of areca palm	 does not admit of being classified as a 'Fruit product ' under Rule 29(1). Merely because a particular article of food was of plant origin did not render that article neces sarily a 'Fruitproduct '. Even products derived from	 or associated in their origin with fruits need not ipso facto be 'Fruit products ' for purposes and within the meaning of Rule 29(1). Item 16 of Appendix B to the Rules	 which dealt with 'Fruit products '	 referred to juice	 syrup	 squash	 beverage	 drinks	 sauce	 ketchup	 relish	 marmalade	 chatni etc. That indicated what were envisaged as 'Fruit products ' in Rule 29(1). 'Supari ' also does not admit of being classi fied as a 'flavouring agent ' under Rule 29(m). [145F H; 146A] 140 2. The distinction between literal and legal meaning of statutory language lies at the heart of the problem of interpretation of statutes. The Court is not entitled to decline to determine the legal meaning of a statute on the principle of non liquet. In the instant case	 a wider con struction of 'Fruit Products ' in cl.(f) which is in the nature of exception to Rule 29	 results automatically in a corresponding narrower construction of the substantive provision in Rule 29. This is not a case of relieving provi sion excepting from the definition of an offence where the rule of construction against doubtful penalisation operates. The offence is really a violation of a prohibition imposed on a penalty as a social defence mechanism in a socio eco nomic legislation. The construction appropriate to such a legislation would be one which would suppress the mischief aimed at and advance the remedy. It would	 therefore	 be a strain on the statutory language and the statutory scheme to include 'supari ' in the form in which it was sold	 within 'Fruit products ' as understood in cl.(f) of Rule 29. [150A D] Planters Nut and Chocolate Co. Ltd. vs The King	 ; Ramavatar Budhai Prasad vs The Assistant Sales Tax Officer	 XII STC 286; Municipal Corpn. vs Kacheroo Mal	 ; ; Goodfellow vs Johnson	 [1965] 1 All E.R. 941 and Criminal Law: Smith & Hogan	 5th Edn. p. 92	 re ferred to. 3.1 The question of what a word means in its context within the Act is a question of legal interpretation and	 therefore	 one of law. The choice of the proper rule of construction to be applied to ascertain the meaning is again a matter of law. To countenance the contention of the appel lant that he had acted bona fide on a particular understand ing of Rule 29(f) would be to contradict one of the funda mental postulates of a legal order that rules of law enforce objective meaning to be ascertained by the courts	 and to substitute the opinion of the person charged with the breach of the law for the law itself. Otherwise	 the consequence would be that whenever a defendant in a criminal case thought that the law was thus and so	 he is to be treated as though the law was thus and so	 that is	 the law actually is thus and so. [150D G] United States vs Wurzbach	 ; (@) 399; Criminal Law: Smith & Hogan	 5th Edn. p. 70	 referred to. 3.2 The statute prescribes a strict liability without need to establish mens rea. The actus reus is itself an offence. There might be cases where some mental element might be a part of the actus reus itself. This is not one of those cases where anything more than the mere doing 141 of the prescribed act requires to be proved. The appellant is	 therefore	 not entitled to the benefit of doubt. [151F] Pyarali K. Tejani vs M.R. Dange	 [1974] 2 SCR 154; Goodfellow vs Johnson	 ; Smedleys Limited vs Breed	 and Criminal Law: Smith & Hogan	 5th Edu. p. 92	 referred to. The big offenders who manufactured the 'supari ' and who distributed them to the retailer in the instant case have gone scot free. The offence was committed ten years ago and the appellate court had acquitted the appellant. Fur thermore	 the expression 'Fruit products ' in Rule 29(f) in the context of what the delegated legislative authority really meant and wanted to convey was not a model of preci sion and has since been deleted enumerating in its place precisely the specific products in which the food colours permitted by Rule 28 could be used	 leaving no room for the possibility of any argument of the kind advanced in this case. [153D E	 F] This is	 therefore	 a fit case in which the appropriate Government should exercise its executive powers of remission of the substantive sentence of imprisonment	 though not of fine	 under section 432 Cr. P.C. or under other law appropriate to the case. The imposition of the substantive sentence of imprisonment on the appellant to be postponed till his prayer for remission	 which he shall make	 is considered and disposed of. [153G H; 154A B] Ganeshmal Jashraj vs Govt. of Gujarat and Anr. 	 ; and Inderjeet vs U.P. State	 ; 	 referred to.