STATE OF TAMIL NADU Vs. R KRISHNAMURTHY

JUDGEMENT

(1.) Gingelly oil mixed with 15% of groundnut oil was sold as gingelly oil by the respondent to the Food Inspector, Thanjavur Municipality:The defence of the respondent was that he kept the oil in his shop to be sold, not for human consumption, but, for external use. The trial Magistrate did not accept the defence. He convicted him under S. 16 (1) (a) (i) read with S. 2 (1) (a) of the Food Adulteration Act and sentenced him to suffer imprisonment till the rising of the Court and to pay a fine of Rs. 200. On appeal, the learned Sessions Judge accepted the defence of the respondent and acquitted him of the charge. According to the learned Sessions Judge, the respondent could not be convicted unless it was established that the sale of the gingelly oil was for human consumption. The State of Tamil Nadu preferred an appeal to the Madras High Court. The High Court confirmed the order of acquittal. The State of Tamil Nadu has filed this appeal by special leave of this Court. The learned counsel for the State of Tamil Nadu made it clear to us at the hearing that the State was not anxious, at this distance of time (the occurrence was on 26-5-69) to secure a conviction, but was anxious that the legal position should be clarified. We accordingly proceed to do so.

(2.) Section 16 (1) (a) (i) as it stood at the relevant time was as follows:-

(3.) 'Food' is defined by S. 2 (v) as meaning any article used as food or drink for human consumption other than drugs and water and includes -