BISHAN DASS MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The question that arises in this petition is whether Katha is included within the meaning of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and whether item A. 21 of Appendix B of Rule 5 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the Rules) is ultra vires of the Act and the Constitution of India.

(2.) This is a petition under Article 226 of the Constitution of India prayer is made for a writ restraining the respondents, Union of India and the Delhi Municipal Corporation, Delhi, from interfering with the petitioners' trade of Katha (Catechu) and from enforcing the restrictions laid down in item A.21 of Appendix B under Rule 5 of the Roles framed under the Act.

(3.) The petitioners are members of the Katha Dealers Association, Delhi and they are commission agents and wholesale merchants of the raw material from which Katha of various qualities for different purposes is manufactured. It is alleged that Katha represents two varieties of Catechu derived from the heartwood of the Khair tree and the raw material of Katha is manufactured from those trees. It is also alleged that making Katha fit for edible parposes better qualities of raw material are put into a huge quantity of water and boiled and strained through thin cloth. It is this kind of solution which is applied as a paste along with lime on betel leaves used for chewing. It is alleged that Katha is never eaten or consumed as food. It is stated in the petition that the Central Government by means of Notification dated 14th July, 1956 added Item A 21 in Appendix B of Rule 5 of the Rules prescribing the standard laid down for edible Katha. It is stated that the standard prescribed in the said Rules is of the highest possible quality and it is impossible to conform to the standard. It is stated that the respondents have started checking up the stock of Katha with the wholesale dialers and seizing the same if it is not in accordance with the prercribed standard laid down under the Rules. This is said to be in violation of the Fundamental Rights of the petitioners and it is claimed that the Rules are ultra vires of the Act and sub-Articles (5) or (6) of Article 19 of the Constitution of India. It is also stated in the petition that Item A.21 in Appendix B of Rule 5 of the Rules had beer' framed without previous publication and without laying it belore the Houses of Parlament as is required by the Act. It is stated that no Katha in the market conforms to the prescribed standard and the tests made by the Public Analyst on some of the samples of Katha are given an annexures P. 1 to P.3 to the Petition.