JUDGMENT

1. MAHANTY, J. -In this petition under Section 482, Cr.P.C., the petitioner Sanjay Kumar Parida has sought to challenge the order dated 27.8.2007 passed by the learned S.D.J.M., Nayagarh in 2 © C.C. No.33 of 2007, by which cognizance of the offence under Section 16(a)(i) & (ii) of the Prevention of Food Adulteration Act and Rules was taken.

2. Mr. S.K. Mishra, learned counsel for the petitioner submitted that the report of the Public Analyst, in particular, report No.12/07 (Dabur Honey) reveals that the article is adulterated vide result No.6. The result No.6 is quoted hereunder:

"Analysis Report:

Sample Description/Physical Appearance: Honey Insect and fungus :Nil. Odour & taste: Agreeable

Sl. Quality Method of Result Criteria for

No. Characterstics test conformity use

1. Fiches test DGHS Negative Negative

2. Added colouring DGHS Nil Negative

matter

3. Moisture DGHS 18.5% Not more than

25% by mass

4. Ash DGHS 01% Not more than

0.5% by mass

5. Sucrose DGHS Nil Not more than

25% by mass

6. Total reducing DGHS 76.3% Not more than

sugar 65% by mass

7. Acidity expressed DGHS 0.12% Not more than

as Formic acid 0.2% by mass

8. Fructose, Glucose DGHS 1.00 % Not more than

Ratio 0.9% by mass

Observation :- The article is adulterated vide result No.6"

It is asserted on behalf of the petitioner that the Public Analyst erred in noting the criteria for conformity used and has noted "Not more than 65% by mass" whereas Clause A.07.03 of Appendix-B of the Prevention of Food Adulteration Rules, 1955, which deals with 'Honey', is extracted hereunder:

"A.07.03 "HONEY" means the natural sweet substance produced by honey bees from the nectar of blossoms or from secretions of plants which honey bees collect, transform store in honey combs for ripening.

When visually inspected, the honey shall be free from any foreign matter such as mould, dirt, scum, pieces of bees wax, the fragrant of fees and other insects and from any other extraneous manner.

The colour of honey vary from light to dark brown.

Honey shall conform to the following standards, namely :-

(a) Specific gravity at 27° C Not less than 1.35 per cent by mass

(b) Moisture Not less than 25 per cent by mass

(c) Total reducing sugar Not less than 65 per cent by mass

(i) For Carbia colossa and Not less than 60 per cent by mass

Honey dew

(d) Sucrose Not more than 5.0 per cent by mass

(i) For Carbia colossa and Not more than 10 per cent by mass

Honey dew

(e) Fructose-glucose ratio Not more than 0.95 per cent by mass"

Placing reliance on the stipulations relating to Honey in Clause 07.03 of Appendix-B of the Prevention of Food Adulteration Rules, 1955, it is asserted by Mr. Mishra that the total reducing sugar in Honey is stipulated to be "not less than 65 per cent by mass", but the Public Analyst has recorded that the sample contained total reducing sugar of 76.3% and therefore, the sample confirmed to the said stipulation in Appendix-B of the Prevention of Food Adulteration Rules, 1955 and was not in violation of any criteria stipulated thereunder. Learned counsel for the petitioner, therefore, asserts on the basis of such argument that the prosecution of the petitioner on the basis of the report of the Public Analyst and the allegation of allegedly possessing Honey (Dabur) not complying with the stipulations laid down in the Act or the Rules is wholly incorrect and prays for quashing of the same.

3. Mr. A.K. Mishra, learned Addl. Government Advocate, on behalf of the State, on the other hand, submitted that on the raid conducted on the petitioner's premises, three samples have been drawn in respect of Besan, Honey (Dabur) and Biscuits and all the three items were sent to Public Analyst for testing and the Public Analyst gave reports on 5.2.2007 bearing Report No.11/2007 in respect of Besan, Report No.12/2007 for Honey (Dabur) and Report No.13/2007 for Biscuits.

4. Learned counsel