Turmeric powder is a permissible natural coloring matter under the Prevention of Food Adulteration Rules, 1955, and its presence in food does not make it adulterated.

R. S. VERMA, J.

( 1 ) HEARD learned counsel for the parties and perused the record of the learned courts below.

( 2 ) THE facts in this case are not in dispute. On 31-12-75 at 12-15 p. m. Food Inspector Kaushal Kishore purchased 450 gms. of Coriander (Dhania) powder for analysis on due payment of price. The sample taken by the Food Inspector was duly sealed and was sent to the Public Health Laboratory, Udaipur for examination. The public analyst vide report Ex. P. 5 found that the sample of coriander powder was adulterated due to presence of haldi powder. The learned courts below accepted this report and the petitioner was convicted of offence u/s. 7/16 of the Prevention of Food Adulteration Act (for short the Act ). The petitioner was sentenced to undergo R. I. for six months and to pay a fine of Rs. 1000. 00 and in default to undergo further R. I. for 11/2 months. The learned counsel for the petitioner, does not challenge the aforesaid concurrent findings of the learned courts below but submits that the learned courts below have failed to take into consideration the substantive law pertaining to adulteration as was obtainable on 31-12-75. He submits that on the relevant date the use of, haldi powder as natural colouring matter was permissible and hence the petitioner did not commit any offence at all.

( 3 ) THE learned P. P. opposes the revision petition and submits that since the public analyst has found the coriander powder to be adulterated, this Court must hold the same to be adulterated and should not interfere.

( 4 ) IHAVE considered the rival contentions. To constitute an offence u/s. 7 / 16 of the Act, it was necessary for the prosecution to show that (i) petitioner had sold any adulterated food; or (ii) any misbranded food; or (iii) any article of food for the sale of which a license is prescribed except in accordance with the conditions of the license; or (iv) any article of food the sale of which is for the time being prohibited by the Food (Health) Authority in the interest of Public health; or (v) any article of food in contravention of any other provision of this Act or any rule made thereunder. Clauses (ii) to (v) of S. 7 of the Act are not attracted to the present case and the prosecution has tried to build up its case on the basis of clause (i), viz. , that the petitioner has sold adulterated food. Sec. 2 (i) of the Act, as it stood on the relevant date, reads as follows:-"s. 2. Definitions: in this Act unless the context otherwise requires - (i) "adulterated" an article of food shall be deemed to be adulterated - (a) if the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality which it purports or is represented to be; (b) if the article contains any other substance which affects, or if the article is so processed as to affect injuriously the nature, substance or quality thereof; (c) if any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously the nature, substance or quality thereof, (d) if any constituent of the article has been, wholly or in part, abstracted so as to affect injuriously the nature, substance or quality thereof; (e) if the article had been prepared, packed or kept under insanitary conditions whereby it has become contaminated or injurious to health; (f) if the article consists wholly or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human consumption; (g) if the article is obtained from a diseased animal; (h) if the article contains any poisonous or other ingredient which renders it injurious to health; (i) if the container of the article is composed, whether wholly or in part, of any poisonous or deleterious substance which renders its contents injurious to health; (j) if any colouring matter other than the