1. The petitioner has been convicted of an offence under Section 5, Sub-section 1(6) and (d) and Section 20(d) of the Madras Prevention of Adulteration Act III of 1918 and fined Rs. 50.
2. There is he dispute about the facts. The petitioner is the proprietor of a Coffee Club in Coimbatore. On the 23rd October, 1931, the Sanitary Inspector, P.W. No. 1, bought from him one measure of milk. On analysis the milk was found to contain 40 per cent, of added water. The Bench held that this was a sale of food not of the nature, substance or quality which it purported to be Section 5(1)(d) of the Act.
3. By rules framed under Section 20(e) of the Act the Local Government prescribed a standard of purity for milk. The milk sold by the petitioner was certainly not up to the standard of purity fixed by tie Government and hence the Bench held that the petitioner had committed an offence under Section 5(1)(d) of the Act.
4. By rules framed under Section 20(d) of the Act the Local Government prescribed the manner in which the notice of addition, admixture or deficiency should be given xo the purchaser of any article of food. It was alleged for the petitioner, that he had put a notice to the effect that there was an admixture of water with the milk. But it was not contended that he bad given such a notice as is prescribed by the Local Government in this behalf and hence the Bench held that the petitioner was guilty also of a breach of Section 20(d) of the Act.
5. Mr. Jayarama Iyer for the petitioner contends that since 'milk' is provided for in Section 5(1)(d) the petitioner cannot Be held to be guilty under Section 5(1)(6) which deals with food in general. Milk no doubt falls within the definition, or rather the interpretation, of the term food which is given in Section 2 of the Act as follows:
Food includes every article (other than drugs or water) used by man for food or drink, and all materials used or admixed in the composition or preparation of such article, and shall also include flavouring matter arid condiments.
From this it would follow that any person, who sells milk which is not of the nature, substance or quality which it purports, to be, would be guilty of a violation of Section 5(1)(b). But in Section 5(1)(d) special provision is made for the offence of selling milk which is not up to the standard of purity prescribed by the Local Government. Hence it is argued that the offence of selling adulterated milk cannot fall under Section 5(1)(b). Mr. Jayarama Iyer relies on Maxwell on the interpretation of Statutes, page 527. I can not however agree that this principle is applicable to this case. As will be seen in a moment, Mr. Jayarama Iyer is contending that the rules prescribing a standard of purity for milk have never been applied to the Coimbatore Municipality. If that is so, nobody in Coimbatore can commit any offence under Section 5(1)(d). There is no doubt that the Act is in force in Coimbatore since 1929, and therefore, Section 5 is in force But if Mr. Jayarama Iyer's contention is correct Section 5(1)(b) is a mere dead letter as far as milk is concerned, and anyone may sell; in Coimbatore anything whatever instead of milk. This is quite impossible. It might be reasonable to say that where is standard of purity for milk has been prescribed under Section 5(1)(d), a person could not be guilty both under Section 5(1)(b) and under Section 5(1)(d). It is in my opinion quite unreasonable to argue that Section 5(1)(b) has been made of no effect as far as milk is concerned by the enactment of Section 5(1)(d), when it is at the same time contended that Section 5(1)(d) is not in force.
6. Milk is food, water is not food. To sell a milk as substance which is 40 per cent, water and only 60 per cent. milk is without any doubt a breach of Section 5(1)(b). Mr. Jayarama Iyer says that the petitioner never pretended to be selling pure milk and he was in fact selling milk though with water added. This is to neglect the words of the Act. Milk as defined in the Act does not permit the addition of any water. To sell as milk a mixture of milk and water is to sell as food a substance which is partly food and partly not food and which is therefore, not of the nature, substance or quality which it purports to be. The Bench was, therefore, right in convicting the petitioner of an offence under Section 5(1)(b).
7. The propriety of the conviction under Section (1)(d and Section 20(d) depends on the answer to the question whether the rules framed by the Local Government under Section 20(d) and (e) are of are not in force in the Coimbatore Municipality. These rules were published in the Fort St. George Gazatte on the 24th August, 1926, Part 1-A page 339. But the Act itself was not applied to the Coimbatore Municipality till the 1st July 1929 Vide Fort St. George' Gazette dated 11th June, 1929, Part 1-A page 339. Section 20 of the Act which gives power to make rules begins a so follows:
The Local Government may after previous publication make rules consistent with this Act for the whole or any part of the area to which this Act may have been extendad.
Mr. Jayarama Iyer contends, and as I think with considerable force, that the rules framed in the exercise of this power can only be applied to any particular area after the Act has been brought into force in that area. That is in my opinion the natural meaning of the words. The learned Public Prosecutor refers to Section 6 of the Madras General Clauses Act. But that only provides that rule may in certain cases be framed before the Act comes into force but shall not take effect until the Act itself is put into force. I respectfully agree with the Opinion of Jackaon, J. in Criminal Revision Case No. 73 of 1931 that Section 6 of the General Clauses Act, does not provide for the application to one area of rules framed for another area.
7. In the Prevention of Adulteration Act, there is no provision, as in some other Acts, for example, the Factories Act and Motor Vehicles Act, that rules when framed shall take effect 'as if enacted in the Ac 4 itself.' Section 20 appears to contemplate the possibility of different rules for different areas. As Jackson, J., observed in the cafe already referred to:
rules applicable to one part of this Presidency are not necessarily applicable to another part.
8. This principle is expressly recognised in Section 1 of the Act itself.
9. For these reasons I hold that the petitioner is not guilty of any offence under Section 5(1)(d) or Section 20(d) of the Act. The convictions under those sections are set aside. One fine was imposed for all the three offences of which the petitioner was convicted. I reduce it to a fine of Rs. 40. The balance if paid must be refunded.