M.M. Punchhi,; Faizanuddin and; K. Jayachandra Reddy, JJ.
1. The only point raised on behalf of the appellant is that the chillies powder purchased from him by the Food Inspector had conformed to the standards and yet conviction has been recorded against the appellant. It has been highlighted that the moisture, total ash and ash insoluble in diluted hydrochloric acid and other non-volatile ether extracts and crude fibres were within the permissible variables and, therefore, there was no cause for the public analyst to opine that the articles offered were adulterated. This argument has been met by learned counsel for the State contending that since the article was artificially coloured that by itself made it adulterated, because the rules prescribe that no colouring matter should be added to chillies powder. A bare reading of Appendix ‘B’ Item A.05.05.01 reveals so. Addition of a colouring or flavouring matter to chillies powder is prohibited. That per se would make the article adulterated. These being the state of affairs, it is difficult to upset the conviction of the appellant recorded under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954.
2. There is some scope, however, towards the sentence because this Court granted in 1989 leave and the appellant is on bail. We would rather now scale down the sentence of six months' RI to three months' simple imprisonment, while sustaining the fine of Rs 1000 as awarded by the courts below. Subject to this modification in the sentence, the appeal otherwise fails. This has been made to enable the appellant to approach the State Government under sub-clause (d) of Section 433 for conversion of simple imprisonment to fine. Since the adulteration was only by adding a colouring agent in the chillies powder and that was possibly done to please the customer's eye, we recommend that the State Government release the appellant on the charging of Rs 2000 as fine and that an appropriate order be passed by the State Government to that effect within a period of three months. The appellant shall deposit in the trial court under two heads the fine imposed by the court i.e. Rs 1000 as also the alterable fine of Rs 2000 within a period of three weeks from today and apprise the State Government of his having discharged his obligation. On his doing so the appellant need not be arrested.
3. With these directions, the appeal stands disposed of.