PARAKH FOODS LTD Vs. STATE OF A P

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from the judgment and order of the Andhra Pradesh High Court whereby the High Court has held that from the evidence on record the article of food in question, is soyabean oil. The label contains pictures of vegetables like cabbage, carrot, brinjal, capsicum, cauliflower, tomato and onions which are in no way connected with soyabean oil. Although the prosecution of the appellant is quashed, a clear case of misbranding is made out.

(3.) The relevant facts of the case are that the appellant M/s Parakh Foods Ltd. (now Cargill Foods India Limited) is a company registered under the Companies Act, 1956. The appellant is engaged in manufacture and sale of "Shaktimaan Refined Soyabean Oil", a food product covered under the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act") and it sells and markets the said product throughout the country. On 23.12.2003, respondent No.2, the Food Inspector, District Mahboob Nagar, Andhra Pradesh visited the shop of M/s Md. Dilawar General & Oil Shop No.2-10-4, Old Gunj, Mahboob Nagar, being accused No.1 - vendor in the complaint. Respondent No.2 found a carton containing 20 packets of "Shaktimaan Refined Soyabean Oil" kept for sale for human consumption. Respondent No.2 suspected the quality of oil to be adulterated and purchased three packets each containing 1litre oil and obtained cash receipt from the vendor. Thereafter, the packets were sent to the Public Analyst, State Food Laboratory, Nacharam, Hyderabad. The Public Analyst furnished his report on 31.01.2004 and opined that the label contains pictures of vegetables like cabbage, carrot, brinjal, capsicum, cauliflower, tomato and onions, which are in no way connected with soyabean oil and said that the pictures of vegetables on the label is an exaggeration of the quality of the product and hence violates Rule 37 D of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the "PFA Rules") and, therefore, is misbranded.