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Adulteration of Construction Material

By
Name of the student: S. Vishnu Ameya
Roll No.: 18 LLB 090
Semester: 8th Semester
Name of the Course: 5 year B.A. LLB Course
Subject: Forensic Law
Name of the faculty: K Srinivas

DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY NYAYAPRASTHA, SABBAVARAM,
VISAKHAPATNAM-531035 ANDHRA PRADESH
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Acknowledgement
I would like to express my gratiude to K Srinivas sir for alloting me the topic Adulteration of
Construction Material, working on this topic helped me understand the nuances of forensic
law, cases and legislations revolving around adulteration of construction material.
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Table of Contents

1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 04
2. Types of Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 04
3. The Manufacturing Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06
4. Types of adulteration in construction material . . . . . . . . . . . . . . 08
5. Case Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
6. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
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1. Introduction
In the process of construction of building for different purposes, we need to select and buy
different construction materials such as brick, cement, aggregate etc. Depending upon the
quality of these materials, the construction quality is highly going to affect. However various
laboratory tests are prescribed for testing the quality of these materials; moreover below are
the few field tests which also help in buying the appropriate construction materials from
the market. But these are not the only test; interpretation should be done in conjecture with
laboratory tests.

lime was the binding material used in building construction till the second quarter of the 19

the century.Cement was first invented in 1824 and was patented under the name Portland
cement because a mixtureof this material and sand, on hardening resembled the famous
limestone rock of Portland in England. Itis now manufactured in about 40 varietiesThe name
Portland Cement (oPC) is reserved for a cement which is an extremely finely ground
productobtained by burning together specifically proportioned amounts of calcareous
(limestone) andargillaceous (clay) raw materials at high temperature, adding nothing else to
the burnt product exceptgypsum in small percentage.Cement refers to material which acts as
a binding substance. In construction and civil engineering,cement is used to bind structural
members for construction of buildings, pavements, bridges, tunnels,roads and highways etc.1

2. Types of Materials
The basic ingredients of ordinary Portland cement are calcareous (calcium carbonate) and
argillaceous(clay). All such cements contain minor proportions of alumina, magnesium
oxide, iron oxide and calciumsulphate.

The above ingredients impart certain definite properties to the product-cement. These are
brieflydiscussed below:

a. Lime (CaO)- this is the major constituent of cement. It must be kept within the
permissible range. The calcium oxide of limestone combines with silica from clay and
forms the tricalcium and dicalcium silicates on burning which are mainly responsible
for the setting and hardening properties of cement.When present in excessive
proportions, lime makes the cement unsound. It expands too much on settingand this
1
Jassy J, ARC 212 CONSTRUCTION MATERIALS, accessed at: <
https://www.academia.edu/40252027/ARC_212_CONSTRUCTION_MATERIALS>.
 Page |5

leads to the disintegration of cement. Similarly, when present in smaller amounts than
the desiredlimits, the cement is poor in strength and sets quickly.
b. Silica (SiO2)- it is the second most important constituent and is responsible for the
strength of cement.Excessive quantities of silica in the burning process in a cement
that will be stronger but will take muchtime to set and harden. The source of silica in
the cement is clay which is hydrous aluminium silicate.
c. Alumina (Al2O3)- It combines with other constituents to form aluminates that are
responsible for quicksetting of the cement. It also plays a positive role in the burning
process and acting as flux. When presentin excess, alumina will render the cement
highly quick setting. In addition, such cement will have poorstrength. In lower
proportions, the setting qualities of cement will be affected.
d. Iron Oxide (Fe2O3)- It is responsible for the colour of cement to some extent. It also
forms compoundswith other ingredients that give additional strength and hardness to
the cementCalcium sulphate (CaSo4)- It is also added to cement after the burning
stage in the form of rock gypsum(CaSo4.2H2o). It acts as a set retarder, that is, it
prolongs the initial setting time of cement. In the absenceof gypsum, the cement will
be very quick setting and will set in very few minutes after mixing withwater. Such
cement will be very difficult to work with in common construction, where some
minimumtime is required to take the cement mortar from the place of preparation to
the place of use.
e. Magnesia (MGO)- when present in small proportions, magnesia is very useful in
imparting colour andhardness. In higher amounts however, magnesia produces
undesirable qualities such as delayed settingand expansion resulting in cracking of the
set cement. Sulphur and alkalis are considered impurities incement and their content
must not increase beyond the permissible limits. Alkalis may cause such effectsas
efflorescence in the cement work. When used in the making of concrete, the alkalis
react with theaggregate (alkali-aggregate reaction) which affects the quality of
concrete adversely. Absence of theseingredients will not lower the quality of cement
in any way.The above-mentioned ingredients of cement undergo complex reactions
during the burning stage in themanufacturing process. The burnt product as it comes
out of the cement kiln is called clinker. Variouscompounds identified in this clinker
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and their functions are of basic importance in determining thequality of Portland

cement.2

3. The Manufacturing Processes

Production of Portland cement stars with two basic raw ingredients: calcareous and
argillaceousmaterials. Calcareous material is a calcium oxide such as limestone, chalk
and oyster shells. Theargillaceous material is a combination of silica and alumina that can
be obtained from clay, shale and blast furnace slag.These are heated to temperatures of
around 1400 - 1650oC. The raw materials; lime, silica, alumina andiron oxide interact in
the kiln forming complex compounds.

Step 1 - Quarrying

The raw material for cement manufacture is a rock mixture which is about 80% limestone
(which is richin CaCo3) and 20% clay or shale (a source of silica, alumina and Fe2o3).
These are quarried and storedseparately. The lime and silica provide the main strength of
the cement, while the iron reduces thereaction temperature and gives the cement its
characteristic grey colour.

Step 2 - Raw material preparation

The steps involved here depend on the process used. There are two main cement
manufacturing processes currently used: the dry process and the wet process. The dry
process uses more energy ingrinding but less in the kiln and the wet process has lower
overheads than the dry process. The two processes are discussed separately below.

The dry process

The quarried clay and limestone are crushed separately until nothing bigger than a tennis
ball remains.Samples of both rocks are then sent off to the laboratory for mineral analysis.
If necessary, minerals arethen added to either the clay or the limestone to ensure that the
correct amounts of aluminium, iron etcare present. The clay and limestone are then fed
together into a mill where the rock is ground until morethan 85% of the material is less
than 90µm in diameter.

2
M Safiuddin, UTILIZATION OF SOLID WASTE IN CONSTRUCTION MATERIALS, accessed at: <
https://www.researchgate.net/publication/228360963_Utilization_of_solid_wastes_in_construction_materials>.
 Page |7

The wet process

The clay is mixed to a paste in a wash mill - a tank in which the clay is pulverized in the
presence ofwater. Crushed lime is then added and the whole mixture further ground. Any
material which is toocoarse is extracted and reground. The slurry is then tested to ensure
that it contains the correct balanceof minerals, and any extra ingredients blended in as
necessary.

Step 3 - Clinkering

This is the step which is characteristic of Portland cement. The finely ground material is
dried, heated(to enable the sintering reactions to take place) and then cooled down again.
While it is being heatedvarious chemical reactions take place to form the major mineral
constituents of Portland cement.The powder from the dry process doesn't contain much
moisture, so can be dried in a pre-heater tower.As it falls through the tower (which takes
30 seconds) it is heated from 70 to 800oC. The moistureevaporates, up to 20% of the
decarbonation (loss of Co2) occurs and some intermediate phases such asCao•Al2o3
begin to appear. The mixture is then fed into the kiln.The slurry from the wet process
contains too much moisture to be successfully dried in a preheater tower.Instead, the
slurry is fed directly into the kiln where it is formed into dry balls by the heat and
rotationof the kiln. Because of this extra role of the kiln, wet process kilns are generally
longer than dry processkilns: e.g. 100 m in length to 60 m respectively. The kilns used in
both processes are inclined on ashallow angle and lined with heat-resistant bricks.

The kiln

The kiln shell is steel, 60m long and inclined at an angle of 1 in 30. The kiln is heated by
injecting pulverized coal dust into the discharge end where it spontaneously ignites due to
the very hightemperatures. Coal is injected with air into the kiln at a rate of 9 - 12 T hr -1.

The reaction processes occurring within the kiln are not easily understood due to the wide
variations inraw-mix chemistry, raw-mix physical properties and kiln operating
conditions, and the physicaldifficulties of extracting hot materials from the process for
investigation before they cool.

The cooler
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Immediately following the kiln is a large cooler designed to drop the temperature of the
clinker (as thefused material is now called) from 1000oC to 150oC. This is achieved by
forcing air through a bed ofclinker via perforated plates in the base of the cooler. The
plates within the cooler slide back and forth,shuffling the clinker down the cooler to the
discharge point and transport to a storage area.At this point in the process the materials
have been formed into all the required minerals to make cement.Like cement, the clinker
will react with water and harden, but because it is composed of 1-3 cm diameterfragments
it is too coarse to be used.3

Step 4 - Cement milling

To produce the final product the clinker is mixed with gypsum (CaSo4•2H2o), which is
added as a setretarder, and ground for approximately 30 minutes in large tube mills. The
cement flows from the inletto the outlet of the mill (a rotating chamber), being first
ground with 60 mm then 30 mm diameter steel balls. The first grinding breaks up the
material and the second grinds it to a fine powder. The particlesize is measured by laser
diffraction analysis, and the quantity of material entering the mill adjustedaccordingly.
The cement grinding process is highly energy intensive.

Implications of compound composition

 Determines the physical and mechanical characteristics of the cement

 Determines its chemical activity
 Determines its scope of use
 Determines the cost

4. Types of adulteration in construction material

In building construction, different masonry units like stones and bricks are bound together
with the helpof an intervening layer of a paste of cementing material like cement or lime.
This paste of cementing material is termed as mortar and is made by thoroughly mixing
together definite quantities of cementingmaterial, sand and water.When water is added to the
dry mixture of binding material and the inert material, binding materialdevelops the property
that binds not only the inert material but also the surrounding stones and bricks.In this mix or
paste, the cementing material (lime or Portland cement) is termed the matrix. It binds

3
Jassy J, ARC 212 CONSTRUCTION MATERIALS, accessed at: <
https://www.academia.edu/40252027/ARC_212_CONSTRUCTION_MATERIALS>.
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thegrains of sand (adulterant) and the surfaces of stones or bricks in such a way that the
adjacent units forma continuous structure offering strong reaction to the loads from the above
and the sides.

Sand is a form of silica (Sio2). It is a natural product which is obtained from pits, shores,
river beds, lakeand sea beds. Sand is formed by the disintegration of rocks and weathering.
However sea sand shouldnot be used for the following reasons:

1. It contains salt and hence structure will remain damp. The mortar is affected by
efflorescenceand blisters appear.
2. It contains shells and other organic matter, which decompose after some time, reducing
the lifeof the mortar.Sand may be classified into three natural categories and one
artificial category.
i. Pit or quarry sand
ii. River sand Natural categories
iii. Sea sand
iv. Stone dust – Artificial

Tests for sands

Sand is often contaminated with clay, organic remains and harmful salts. Some field tests
which caneasily be performed on the sands are as follows:

a. For Clay

The sand sample is taken in a glass jar and water is added. The sand is thoroughlystirred and
allowed to settle. Any clayey matter present in sand will form a layer at the top of sandmass
in the jar.

b. For organic impurities

The sand sample is taken in a test tube and a solution of caustic soda(sodium hydroxide) is
added. The mixture is thoroughly stirred. If organic matter is present in thesand sample, the
solution will take a brown colour.

c. For salts

Pure quartz sand is tasteless. The presence of sulphates and other alkaline salts in it willgive a
bitter taste, which can be easily detected.
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Tests for Mortars

Two types of mortars are distinguished on the basis of densityi.

i. Heavy mortars.

These are general purpose mortars used for load bearing construction.Their bulk density is
generally greater than 1500 kg/cm. In their preparation quartz richsand has to be used. In
special type of heavy mortar designated as X-rays shieldingmortars , a bulk density of
2200kg/cm or more may be desired. In that case, high densityrocks crushed to the sand size
are used with Portland cement as a binder. These mortarsare used as protective coverings on
walls of x-ray rooms and cabinets.4

ii. Light weight mortars.

In these types of mortars, bulk density is generally below1500kg/cm . This is achieved by

using sands poorer in quartz and also crushed light weightrocks such as pumice. Blast furnace
slag and cinder are also used to obtain light weightmortars. A special type of light weight
mortar having a bulk density varying between 600-1000kg/cm is useful in making sound
proof ceilings and walls.

PREPARATION

The preparation of cement mortar involves the following steps

i. Selection of raw materials

ii. Proportioning of these materials
iii. Mixing of the ingredients

Sand for use in cement mortar must be of good quality (see note on sands). It must be free
fromimpurities like oxides of iron, clay, mica, organic residues, alkaline salts and free lime. It
must bethoroughly cleaned before actually mixing with the cement. Functions of sand in
cement mortar;

(i) It provides the required strength in mortar

(ii) It forms the bulk of the mortar and hence makes it economical
(iii) It provides resistance against shrinkager and cracking on setting of cement mortar

4
M Safiuddin, UTILIZATION OF SOLID WASTE IN CONSTRUCTION MATERIALS, accessed at: <
https://www.researchgate.net/publication/228360963_Utilization_of_solid_wastes_in_construction_materials>.
 P a g e | 11

Mixing of Ingredients, For small jobs, manual mixing (as described under lime mortars)
iscommonly practiced. But for large-scale construction work where large quantities of mortar
arerequired the mill- mixing using power driven mills may become indispensable. 5

Curing: Cement gains the strength gradually with hydration. Hence it is necessary to see
thatmortar is wet till hydration has taken place. The process to ensure sufficient moisture for
hydrationafter laying mortar/concrete is called curing. Curing is ensured by spraying water.
Curing normallystarts 6–24 hours after mortar is used. It may be noted that in the initial
period water requirementis more for hydration and gradually it reduces.

Plasters

Plasters may be defined as lean mortars used mostly for covering masonry surfaces. They are
leanmixes of cementing materials with fillers such as sand, surkhi and crushed stone.
Sometimes jiggery, white of eggs and soured curd e.t.c are also added to plasters to obtain
special effects.Plasters are specially prepared for use either as protective plasters or as
decorative plasters. In protective covering, the plaster saves the brick or stone over which it is
applied, from direct anddestructive attacks of the atmosphere and also from wind, rain and
industrial gases. As a decorativefinish, plasters are used to give many appealing shades and
finish designs to the construction. Thedecorative plasters find commonest application in the
interior of walls, whereas protective plastersare a must on the exterior walls in good quality
building construction.

The following types of plasters are most commonly used in building construction: lime
plasters,cement plasters, gypsum plasters and stucco plasters.1.Lime Plasters. These are made
by mixing thoroughly slaked lime and sand (or surkhi or both) in the ratio of 1 lime to 2-3
sand/surki by volume with good quality of water till ahomogeneous lean paste is obtained.
They are especially useful as protective plasters on theinner side of the walls. 6

5. Case Laws

5
Jassy J, ARC 212 CONSTRUCTION MATERIALS, accessed at: <
https://www.academia.edu/40252027/ARC_212_CONSTRUCTION_MATERIALS>.

6
M Safiuddin, UTILIZATION OF SOLID WASTE IN CONSTRUCTION MATERIALS, accessed at: <
https://www.researchgate.net/publication/228360963_Utilization_of_solid_wastes_in_construction_materials>.
 P a g e | 12

In the case of Rapolu Bhaskar vs. State of Telangana,7 it was found by the High Court that
adulteration of construction material and adulteration of vessels used in construction of
projects like flyovers led to increased use of single use plastic which led to other
enviromental problems, on this note, the High Court ordered ban on use of single use plastic.
In the case of Shree Renuka Sugar Mills Limited vs. Union of India, Ministry of
Consumer Affairs Food and Public Distribution,8 the Karnataka High Court ruled that An
illegal construction materially affects the right to or enjoyment of the property by persons
residing in the area. The authorities own a duty and obligation under the statute to see that
such unauthorised constructions are not put up. The law is for the benefit of residents of the
locality. The authorities act in aid of the statute. The rights of the residents in the area are
invaded by an illegal construction. It is to be remembered that law is meant for orderliness in
accordance with the requirements of the residents in a locality or village. If law is nullified by
arbitrary acts in excess, and derogation of power or non-exercise of power conferred on them,
the Courts owe a duty to the public to quash such orders, in order to maintain and uphold the
rule of law. An excess of statutory power or no exercise of such power cannot be validated by
acquiescence in or by the operation of an estoppel. The Courts of equity would not permit the
statute to be made an instrument of fraud. In a democracy wedded to the rule of law and
governed by a written constitution, both the ruler and the ruled are governed by the rule of
law. As the ruler expects the subjects to obey and observe the law, the ruler is also under an
obligation to obey and observe the law. No one is above law.

In the case of Hari Ram vs. State of Rajasthan,9 it was ruled that the cement adulterated by
ordinary clay was to be utilised for the construction of a culvert strategic for the defence of
the country and it collapsed could we say that the supply of cement was not prejudiced? In
essence we regret to have to repeat that supply means the supply of essential commodity add
not its counterfeit and those who are engaged in the process of counterfeiting an essential
commodity are certainly acting prejudicially to the maintenance of the supply of the essential
commodity. therefore, adulterating an essential commodity is acting prejudicially to the
maintenance of its supply and the provisions of Section 3(1)(a)(iii) are clearly attracted

7
Rapolu Bhaskar vs. State of Telangana, 2021 SCC OnLine TS 1830.
8
Shree Renuka Sugar Mills Limited vs. Union of India, Ministry of Consumer Affairs Food and Public
Distribution, 2011 SCC OnLine Kar 93.
9
Hari Ram vs. State of Rajasthan, MANU/RH/0171/1973.
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In the case of Sarika vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain
(M.P.) and Ors.,10 The lingam rock is hard and compact medium to fine-grained well-sorted
orthoquartzite as seen in above photos from a different direction. Majority of the grains are
quartz along with minor orthoclase giving light pinkish brown colour to the Jyotirlingam
rock. The cementing material is siliceous with minor ferruginous impurities. It is hard and
compact and sustainable in the ideal natural environment. Close observation of lingam
reveals that there is the signature of chemical weathering on the eastern and western side of
the lingam. observation of day to puja pattern and offering of milk curd, honey bhang etc. as
well as the traditional ritual it is seen that the effect of chemical weathering is more
pronounced in the eastern and western side of the lingam. The northern side (Front, facing
devotees) is devoid of any weathering pits. Similarly, the back side is also least affected by
the process of chemical weathering. The causative factors for the localised development of
pits are the topic of research for our team. We have gone through the ill side effect of offering
material and the area affected by the offering.

In the case of Mahadev Ch. Mazumder vs. The State of West Bengal and Ors., 11
Criminal - Initiation of criminal proceedings - Cement Quality Control order 1962 - Criminal
proceedings was initiated against Petitioner for adulterating cement and violating para 3 of
such order - Hence, this Writ Petition - Whether, Criminal Proceeding in question suffered
from illegality and was liable to be quashed - Held, as per definition of cement
damaged/stoned cement was not cement - No allegation was made that damaged/stoned
cement were going to be sold by Petitioner and would be used for purpose of construction -
Petitioner was not dealing or manufacturing cement under aforesaid quality Control order -
Hence, application of Provision of Section 7(1)(a)(ii) of Essential Commodities Act as
alleged in extract of G.D. Entry did not arise - First information report and G.D. Entry did not
disclose any essential requirement of penal provision which could form any foundation of
starting point of investigation as alleged - Allegations made in FIR or complaint did not
disclose commission of any offence so as to make out case against Petitioner - Further,
cement was not an essential commodity - Entire proceeding was without any basis and
concerned authorities were not justified in seizing materials - Thus, criminal proceeding
initiated against Petitioner was quashed - Writ Petition disposed of.

10
Sarika vs. Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain (M.P.) and Ors.,
MANU/SC/0503/2018.
11
Mahadev Ch. Mazumder vs. The State of West Bengal and Ors., MANU/WB/0190/1993.
 P a g e | 14

In the case of The Director General (I and R) vs. Kothari Electronics and Industries
Ltd.,12 it was observed that a restriction may be necessary to protect the public against the
injury of getting adulterated cement or lesser quantity than what is declared. In that case the
gateway in terms of Section 38(1) (a) was invoked as there was a possibility of cement
getting adulterated. While the facts in that case are clearly distinguishable from those in this
case, as there is no possibility of adulteration, we do not think that Section 38(1)(a) can be
pleaded as a gateway in this case. Furthermore, the respondent has in its reply to the NoE in
para 16 has pleaded the gateway under Section 38(1)(h) and not Section 38(1)(a). Thus the
India Cement case has no application. But the gateway under Section 38(1)(h) of the Act is
available to the respondent for the same reason we have outlined in our discussion relating to
the first limb of the charge of territorial restriction. In other words applying the principle of
'De Minimis', as the share of the respondent relating to the goods in question in the total
market is not of a very large order, the alleged restriction is not likely to affect competition to
any material degree. We, therefore, allow the respondent to avail of the gateway provided
under Section 38(1)(h) of the Act in so far as the third limb of the charge is concerned.

In the case of Amrit Singh vs. The State,13 manufacturing adulterated cement on March 3,
1995 at the premises belonging to the petitioner with the help of instruments i.e. iron hopper,
iron sieve with wooden frame iron bucket. This manufacturing process was going on under
the supervision of labour contractor Shri Gulfam. Empty cement bags were also found at the
spot. A search was made which resulted in the recovery of a large number of suspected
adulterated bags, bags containing stone powder as shown in the seizure memo. Hence, prima
facie, a case for commission of a cognizable offence is made out.

Hence the presence of the petitioner is required. adulteration of the cement is more serious
and heinous an offence even than a murder. In case adulterated cement is used in the
construction of a building it may collapse, thereby causing loss of precious human lives and
property.

In the case of V.P. Pathak vs. S.M. Aich,14 it was observed that construction of the building
which had become in fructuous due to supply of spurious and adulterated cement. It was
vehemently contended that no amount could be awarded exceeding the one which had been
certified by respondent's own Architect. We find that the certificate of the respondent's

12
The Director General (I and R) vs. Kothari Electronics and Industries Ltd., MANU/MR/0041/1996.
13
Amrit Singh vs. The State, MANU/DE/0081/1995.
14
V.P. Pathak vs. S.M. Aich, MANU/QI/0051/1995.
 P a g e | 15

Architect, Deepankar Chakravarty is dated 7.6.93. According to the respondent the building
has not yet been constructed and since the time the construction already made was found to
be useless till now there had been unprecedented escalation. He has given item-wise details
of the expenditure which he would be required to make if he wants to undertake the
construction originally planned.

Already they kept 79 bags of adulterated cement and stitched in gunny bags. The adulterated
cement was on the floor to the extent of 22 bags. There were available 21 bags of good
cement, besides 59 bags of stone powder. Certain empty gunny bags were also available. The
accused 2 to 6 were also found in possession of implements for stitching the bags. All those
materials were seized under the cover of a mahazar Ex.p.2 in the presence of witnesses.
Thereafter P.W.3 arrested the accused 2 to 6 and registered the case in Crime No. 131 of
1983 for the alleged offence under clause 3 of the order read with Section 7(1)(a)(ii) of the
Act and another first accused who was subsequently acquitted.

In the case of Elumalai and Ors. vs. State,15 During the course of the raid he also took
sample of adulterated cement and sent the same for the purpose of analysis to P.W.2 - the
Government Analyst. on analysis, P.W.2 sent report Ex.P.1 stating that the sample sent to
him for the purpose of analysis was found adulterated.

In the case of Subramaniam Chettiar vs. The Inspector, Civil Supplies Criminal
Investigations Department, Tiruchirappalli, 16 the sample was adulterated cement,
prosecution was launched against the Appellant, Duraisami and Rajendran. In view of the
fact that Duraisami and Rajendran were absconding, the case against them was split up and
the trial Court proceeded against the Appellant in S.T.C. No. 9 of 1984 leading to his
conviction and sentence. Aggrieved by the judgment of the trial Court, this appeal has been
preferred. Cement (Quality Control) order 1962 does not contain any provision to make the
report of the analyst the Joint Director of Industries and Commerce in this case, admissible in
evidence, without his being examined in Court. However, a reference to Section 293 of the
Code of Criminal Procedure will have to be made to find out if Ex.P4 could be admitted in
evidence without the examination of the Joint Director of Industries and Commerce. Section
293 Sub-clause (c) of the Code of Criminal Procedure permits receipt in evidence the report
of the Director, Deputy Director or Assistant Director of a Central Forensic Laboratory or

15
Elumalai and Ors. vs. State, MANU/TN/0893/1991.
16
Subramaniam Chettiar vs. The Inspector, Civil Supplies Criminal Investigations Department, Tiruchirappalli,
MANU/TN/0451/1988.
 P a g e | 16

State Forensic Laboratory without the examination of the author of report concerned, but,
before that could be done, there must be proof that the Chemical Testing and Analytical
laboratory mentioned in Ex.P4 is a State Forensic Science laboratory. There is no evidence on
this aspect.

In the case of Shiva Raj and Ors. vs. Vigilance Cell (Civil Supplies),17 Criminal -
Conviction - Appreciation of evidence - Present appeal filed against order whereby,
Appellants were convicted on ground that they were responsible for manufacturing of
adulterated product - Whether conviction of Appellants was sustainable - Held, Investigation
officer failed to collect samples properly and did not produce documents or evidence about
ownership of house - Investigation officer should have forwarded samples after collecting
them to any Court to ensure that same samples were sent for analysis which were taken from
premises in question - Investigation officer should have taken proper steps to get premises
sealed in order to ensure safety of product - Investigation was held in slip shod and casual
manner by Investigation officer - Contents of analyst report were diluted to very low degree.

In the case of Petchi vs. State,18 Criminal - Appeal from conviction - offence committed
punishable under Section 7(l)(a) (ii) of the Essential Commodities Act, 1956 - Violation of
Clause 3 of the Cement (Quality Control) order, 1968 - Held, in a case where there was no
indication of variety of sample, there was no scope for prosecution to exclude even one of
varieties mentioned in order from analytical test before prosecuting Appellant - In view of
hostility of P.W.1, and evidence of P.W.3 being of no use, there was no material whatsoever
to connect premises searched with Appellant - Reasoning of trial Court that presence of
Appellant during seizure and subscribing his signature to seizure mahazar would be sufficient
to convict him and onus to disprove his guilt would be cast on Appellant, would not be
sustainable - Even in cases where onus is shifted to accused, initial burden upto a particular
stage always rests an prosecution - Even initial burden casted on prosecution had not been
discharged - There was no basis to connect accused with premises and cement bags - order of
conviction and sentence set aside

6. Conclusion
Adulteration of construction material is extremely pernicious and has crippling effects to the
health and structure of the construction. This further jepordizes the lives of those living in

17
Shiva Raj and Ors. vs. Vigilance Cell (Civil Supplies), MANU/AP/0338/1988.
18
Petchi vs. State, MANU/TN/0553/1988.
 P a g e | 17

these constructions. The courts as seen in the cases above have taken a stern view on the
same, though had not deviated from the basic principles of principles of natural justice and
benefit of doubt while doing so. The remedies under this range from essential commodities
act, cement control act as well as the consumer protection act.

7. References
1. O.J. Dada, E.O.Oleyede; Design and Construction of an Ultrasonic Sensor Based
System for Determination of Fuel Adulteration Content by Refractive Index Analysis,
International Journal of Scientific & Engineering Research, Volume 10, Issue 6, June
2019.