LAWS(KER)-1982-1-11

STATE OF KERALA Vs. THANKAPPAN

Decided On January 29, 1982
STATE OF KERALA Appellant
V/S
THANKAPPAN Respondents

JUDGEMENT

(1.) These appeals are heard together as common questions of law arise in both the cases.

(2.) I will first deal with the facts in Crl. Appeal No. 176 of 1979. There the State has come up in appeal against the acquittal of the accused, who had been charged with offences under S.16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The charge framed against him is as follows:

(3.) There two questions arise in both the cases for consideration. The learned Public Prosecutor, Mr. Bhaskaran contended that the court below had taken a wrong view in coming to the conclusion that 'Vadapparippu' and 'Thuvarapparippu' are primary foods. According to him, if once there is a dehusking of pluses or of cereals, they will cease to be primary food. The court below had said on the basis of the proviso to S.2(ia) of the Act which states that an article of food shall be deemed to be not adulterated, where the quality or purity of the article, being primary food, has fallen below the prescribed standards or its constituents are present to quantities not within the prescribed limits of variability, in either case, solely due to natural causes and beyond the control of human agency, that Vadapparippu and Thuvarapparippu being primary food the accused can take advantage of this provision. Even if the covering of the seed have been removed, or the seed even splitted up, the pulses will not lose their character of primary food in its natural form There has been no mechanical process involved in processing them. They continue to be in their natural form. The only thing is that the covering had been removed. The shape and arrangement as it existed within the outer covering are still retained. Now in both cases it is admitted that the materials bad been properly kept clean and safe. If there were insects that would be only because of natural cause and beyond the control of human agency.