IMPORTANT POINT
To claim acquittal under warranty, the vendor of the adulterated food article has to prove that he purchased the article of food (in this case mustard oil) with a written warranty in the prescribed form VI-A in terms of Rule 12-A of PFA Rules, 1955 to attract Section 19(2) of the PFA Act, 1954.

ORDER

Leave granted.

2. Though notice was served on the State, none 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.

3. 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. Consequently, if the offence is proved, the sentence would be a mandatory character. He was 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.

4. The learned Magistrate considering 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 thereunder, he had not committed the offence of adulteration of food. Accordingly, he acquitted the appellant. On a composite appeal filed in the High Court, the learned single Judge in Government Criminal Appeal No. 62 of 1985 set aside the acquittal and convicted the appellants for the aforesaid offence. Thus this appeal by special leave.

5. Learned counsel for the appellants relying upon Section 19(2) and Rule 12-A of the Rules contended that on the appellant proving that he purchased article of food Form VI-A

(See Rule 12-A)

Form of Warranty

Invoice No ............. Place ............

From ..................... Date ............

To ............

Date of Nature and quality Batch No. Quantity Price Sale of article/Branch     or Name, if an Code No.

 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 it/these purports/purport to be.

Signature of manufacturer/

distributor/dealer

Name and Address of

Manufacturer/Packer

in case of packed article Licence No. ...........

  (wherever applicable)

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.

6. 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) in any other case, from any manufacturer, distributor or dealer,

with a written warrantee 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.

7. Rule 12-A of the Rules reads thus :

"12-A. Warranty,-Every manufacturer, distributor or dealer selling an article of food to a vendor shall give either separately or in the bill, cash memo