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1965 Supreme(Mad) 86

RAMAMURTI
Public Prosecutor – Appellant
Versus
Ganapathi – Respondent


Advocates:
S.R. Srinivasan for Public Prosecutor, for Appellant; S. Chellaswami and Ganatra, for R. Mohan, for Respondents.

JUDGMENT : These Criminal appeals have been posted together in a batch as they raise roaming questions of fact and law, arising under the Prevention of Food Adulteration Act of 1954 (Central). The respondents in all these cases were prosecuted for an offence under S. 2(i)(a) find (1) read with S. 7(1) and 16(i) and Appendix-B to the rules, Rule A-04 under the Prevention of Food Adulteration Act (hereinafter referred to as the Act), on the ground that they were found in possession of adulterated compounded asafoetida for sale. The main facts of the case are not in controversy, and the only, point that arises for determination is the basis for determining whether there is an infringement of the rules and whether there is adulteration of compounded asafoetida within the meaning of the Act. As regards asafoetida and com pounded asafoetida, rule A-04 of appendix B, provides what is called the minimum alcoholic extract of the contents of the asafoetida. In the case of asafoetida, the alcoholic extract should be not less than 25 per cent and in the case of compounded asafoetida it shall be not less than ten per cent, in all these appeals we are concerned with compounded asafoetida.

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