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3. Appellant is a tradesman carrying on business within the limits of Navsari Municipality. On 7.12.1978, respondent No. 2, the' food inspector of Navsari Municipality, pur- chased from the appellant 600 gins. of "kesari coloured sweet supari sali" and after complying with the procedural formalities packed and sealed the "supari" into three sepa- rate packages of 200 gins. each and one of them was sent to the Public-Analyst who by his report dated 20.12.1978 (Ext.

12) affirmed that the sample contained a "yellow basic coal-tar dye" and that it did not conform to the standard laid down under the Rules. On 19.1.1979, the Food Inspector with the prior sanction of the District Health Officer, Valsad, (Ext.14), filed a complaint in the Court of the Chief Judicial Magistrate, Valsad. The prosecution culminat- ed, as aforesaid, in the conviction and sentence imposed by the learned Chief Judicial Magistrate, and later restored by the High Court. Appellant now seeks to assail the legality of the conviction.

Appellant's Learned Counsel contended that "Supari" or "Betel-nut" is basically and essentially an yield of the Areca-Palm and must, therefore, be held to fall under "Fruit-products" within the meaning of Rule 29(f) of the Prevention of Food Adulteration Rules, 1955, ('Rules' for short) and, accordingly, the use of permitted coal-tar food-colours in it is not prohibited by law. It was further urged that the Public-Analyst had not held that the "Yellow basic coal-tar dye", found in the sample, was not one of those food colours prohibited under Rule 28 and that, there- fore, its use in "supari" which was a "Fruit-product" cannot be said to be prohibited. Alternatively, Sri Ganatra con- tended that the "supari" in this case was a "flavouring agent" within the meaning of Rule 29(m) in which case also the use of permitted coal-tar food-colours, was not prohib- ited.

5. It was not disputed that supari was an article of food. It was so held in Pyarali K. Tejani v. M.R. Dange, [1974] 2 SCR 154. It was also not disputed that if "supari" did not admit itself of being classified under "Fruit--products" or under "Flavouring-Agents" under Rule 29(f) or 29(m) respectively, the use in "supari" of even a coal-tar food-colours permitted under rule 28 would amount to adulteration.

The argument that "Supari". or "Betel-nut" is a "Flavou- ringAgent" has clearly no substance. The first contention, therefore, narrows itself down to whether "supari" in the form in which it was offered for sale though vegetative in origin and is derived from the usufruct of areca-palm, can be said to be a "Fruit-Product" in the sense in which that expression is used and is required to be understood in Rule 29(f).

To appreciate Sri Ganatra's contention, the scheme of the relevant rules, in particular rules 23, 28 and 29, requires notice. Rule 23 prohibits the addition of any colouring matter to any article of food except as specifi- cally permitted by the rules. Rule 28 provides that no coal-tar food-colour or a mixture thereof, except the food colours specifically enumerated in rule 28, shall be used in food. Item 2 of the list of food-colours permitted under Rule 28 includes 'Sun-set Yellow FCF'. We shall proceed on the premise that the basic yellow coal-tar dye found in the "supari" by the Public-Analyst is amongst those enumerated food-colours excepted from the prohibition under Rule 28 and is, therefore, permitted to be used. Then, Rule 29 prohibits the use of even the coal-tar food-colours permitted under rule 28 in or upon any food other than those enumerated in rule 29. "Fruit-Products" is one such item of food so enu- merated under clause (f) of rule, 29. The result is that permitted coal-taar food-colours, i.e. foodcolours permitted by Rule 28, can be used if the food-articles in question are "Fruit-Products" as understood in Rule 29(f). But this exception from prohibition, in favour of "Fruit-Products" is further subject to such exceptions or restrictions as are otherwise made in Appendix 'B'. Sri Ganatra's contention is that there having been no provision otherwise made in Appen- dix 'B' in respect of supari and supari being includible in "Fruit-Products", the use in it of permitted coal-tar food- colours is prohibited. Shri Ganatra submits that the legis- lation being penal the expression "Fruit-Products" in rule 29(f) should receive a reasonably liberal construction and that, so construed, "supari" would reasonably admit of being considered such a "Fruit-Product".