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9. File Perused. Counsels heard.

10. The proceedings pertaining to the present complaint case were initiated on the basis of the Report of the PA dated 11.08.1998. The said report has been exhibited and proved as Ex. PW 1/F. It reveals that the sample of the Mustard Oil was found not conforming to the standards laid down under Item No. A.17.06 of Appendix B of the PFA Rules, 1955 because of the fact that the sample showed the presence of argemone oil.

FI Vs. Kishore Kumar etc. ::5::

11. During the course of proceedings, the accused no. 1 namely Shri Kishore Kumar exercised the right and option U/s 13 (2) of the Act of 1954. Consequently, the selected counterpart was sent to and analysed by the Director CFL vide Report dated 05.11.1998. The said Certificate reveals that the second counterpart of the sample in question was also found 'positive' for argemone oil. Thus, both the Reports are in consonance with each other as far as the presence of adulterant 'argemone oil' in the sample commodity is / was concerned. Moreover, the Report of the Director CFL is not only per se admissible; by virtue of the provision U/s 13 (3) of the Act of 1954 r/w S. 4 of the Indian Evidence Act, 1872 the same is also the conclusive proof of the contents and outcome thereof. Thus, it is clear that the sample commodity was adulterated with argemone oil.

21. The complaint in its Para 2 does contain a stipulation to the effect that the presence of argemone oil (in Mustard Oil) is injurious to health & also likely to cause death. During the cross examination of PW-3 Shri R.K. Ahuja, LHA, it has again been asserted on the dotted lines. Even the defence witness i.e. DW-1 Shri S.N. Mahendru has admitted during his cross examination that as per document Ex. DW 1/A (i.e. the very document relied upon in defence) it is very much reflected that such contaminated food article had led to several out breaks of epidemic dropsy and to possible Glaucoma of the eyes. It is also worth mentioning that in the book titled as Handbook of Food Analysis, authored by none other than the DW-1 himself, it has been made clear that ' earlier it was not FI Vs. Kishore Kumar etc. ::12::

known that argemone oil is the cause of epidemic dropsy. Only during 1937 - 38, it became known that argemone oil present in the Mustard Oil provided certain toxic substances, which caused the epidemic dropsy '. The present proceedings pertain to the sample of Mustard Oil lifted in the year 1998 i.e. the very year, in which the epidemic dropsy had erupted at such a large scale so as to cause havoc and the known cause thereof was / is un-doubtedly the consumption of Mustard Oil adulterated with argemone oil. Even prior thereto and in the year 1983, the situation had become worse for the very reasons.