INTERNATIONAL BEST FOODS LTD Vs. FOOD INSPECTOR

JUDGEMENT

(1.) THE petitioners, who are the accused in C. C. No. 248 of 2001 in the Court of the Chief Judicial Magistrate, Kottayam with respect to the offences under Sections 2 (ia) (a) (m), 7 (i) and 16 (1) (a) (i) of the Prevention of Food Adulteration Act, have sought for setting aside the above proceedings.

(2.) THE prosecution case is that the Food Inspector purchased three packets of glucovita glucose-D from the shop by name Vaypookara Medicals situated in kottayam Municipality and on subjecting the same for examination by the public Analyst, it was found that the same did not conform to the standard prescribed for 'dextrose' under the P. F. A. Act and Rules and hence the same is adulterated. According to the petitioners, the above charge is not sustainable as glucovita glucose-D and dextrose are entirely different food articles. It is pointed out that the ingredients of glucovita glucose-D as mentioned in the complaint are as follows:

(3.) THE standard of dextrose shows that it is an article of food containing not less than 99 per cent of glucose on dry basis. As glucovita-glucose-D is a proprietary food of which Dextrose mono-hydrate is only one among the several ingredients, hence, it cannot be tested on the standards prescribed for dextrose. The first petitioner is the Vice President (Technical) of the manufacturer and the 2nd petitioner is the company that manufactured the impugned article of food.