PARLE BEVERAGES LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner challenges the prosecution initiated by the Food Inspector. Food & Drug administration (N. S.) under Sec. 7 (v) of Food Adulteration Rules read with rule 40 (3) of the said rules punishable under Sec. 16 (i) (ii) and 17 of the said Act before the Chief Judicial Magistrate, Alibagh, Raigad, being Cri. Case no. . 181 of 1989.

(2.) THE main allegation in the complaint made by the complainant Food Inspector is that the Petitioner is manufacturing and selling its product commonly known as "frooti ORANGE DRINK" which does not contain the Vitamin 'c' contains as required under the rule of the Prevention of Food Adulteration Act. THE packet contains the ingredients water, sugar, orange Juice, Fruit Pulp, citric Acid and Vitamin "c" and it is also claimed that it is ready to serve fruit Drink with Vitamin C. Rule 32 (c) of the Food Adulteration Rules insist that when food item is sold in a packet, label of the packet should inter alia. Admittedly the particulars shown in the packet satisfy the requirement under Rule 42 Sub Rule 2 of Rule 40 also is relevant so far as this case is concerned. THE complaint against the Petitioner is that the ingredients of Vitamin 'c' is notified by the petitioner in the label, is not in conformity with Rule 3 of the said Rules which reads as follows : " Any fruit and vegetable Product alleged to be fortified with Vitamin 'c' shall contain not less than 40 mgm of ascorbic acid per 100 gms of the Product. "