STATE BY PUBLIC PROSECUTOR Vs. PALANI

JUDGEMENT

(1.) THIS is an appeal preferred by the State, on behalf of Food Inspector, Natham Town Panchayat, against the Judgment in S.T.C. No. 773 of 1985, on the file of Judicial First Class Magistrate No.2, Madurai, acquitting the respondent/accused of the charges under Sections 7(1), 16(l)(a)(l) read with S. 2(la) of the Prevention of Food Adulteration Act.

(2.) THE only ground that has been given by the Court for acquitting the respondent was that the turmeric powder which had been taken as sample in this case was not intended for human consumption, and therefore, no offence has been made out against the respondent/accused. The said view expressed in the Judgment impugned herein is quite wrong in view of the following decisions rendered by this Court as well as the Apex Court.

(3.) IN the decision of the Supreme Court, stated supra (1980 (1) FAC 7), it was further held that "according to the definition of "food" which we have extracted above, for the purpose of the Act, any article used as food or drink for human consumption and any article which ordinarily enters into or is used in the consumption or preparation of human food is "food". It is not necessary that it is intended for human consumption or for preparation of human food. It is also irrelevant that it is described or exhibited as intended for some other use."