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2. It is further revealed in the complaint that one counterpart of the sample was sent to the PA and the remaining two counterparts were deposited with the LHA; all in intact condition. PA had given the opinion that "the sample does not conform to the standards laid down under Item No. A.19 of Appendix 'B' of PFA Rules, 1955 because sample shows presence of argemone oil. It is injurious to health and also likely to cause death". Thereafter, the requisite sanction U/s 20 of the Act was obtained and the present complaint was filed.

11. The sample of Vanaspati (Rath) lifted as on 01.09.1998 was got analysed from the PA and his Report was made the basis for initiating the proceedings against the accused persons. Perusal of the said DA Vs. Baidri Nath etc. ::6::

Report reveals that the sample was found 'positive' for the adulterant called 'argemone'. The accused on being served with the summons; appeared, and one of the accused i.e. accused no. 4 exercised right and option U/s 13 (2) of the Act of 1954 and consequent thereto, the sample counterpart so selected by the accused / applicant was got analysed from the Central Food Laboratory (CFL). The Certificate furnished by the Director CFL reveals that the said counterpart was also found 'positive' for 'argemone'.

13. As far as the Report of the Director CFL dated 17.06.1999 is concerned, the same is not only per se admissible, but is also the conclusive evidence of the facts / contents thereof. Hence, vide the said Report, it has conclusively been proved that the sample of Vanaspati (Rath) was found adulterated with the non-edible oil called argemone.

14. Further, for the defence side it was still open to impeach the veracity of the prosecution witnesses by making them to pass through the test of cross examination. It was also open for them to raise the defence on the permissible pretexts such as -

As a matter of fact the accused Company has been found selling the adulterated food article with an adulterant like argemone; the very nature of which is injurious to health. Moreover, the convict Company was legally bound to produce / manufacture such like products by adhering to the highest standards / norms, so as to produce the food article meeting the requisite standard - specifications. The casual approach on the part of the convict Company requires to be dealt with accordingly.