JAWAHAR GENERAL STORES NIDUBROLU Vs. UNION OF INDIA

JUDGEMENT

(1.) In this batch of Writ Petitions, the petitioners herein challenge the vires of Sections 2(ia), 7, 10, 13, 16 and 19 of the Prevention of Food Adulteration Act 1954 (hereinafter called the Act) and Rule 5 of Appendix-B to the Rules of the Prevention of Food Adulteration Rules, 1955, as infringing the rights of the petitioners under Articles 14 and 19(1)(g) of the Constitution.

(2.) The petitioners are retail dealers in the State of Andhra Pradesh who trade in food-grains, edible oils, tea, coffee, biscuits, atta, ravva, maida, chilli power and other articles of food. They purchase some of the items from the wholesale dealers, who in their turn purchase them from producer and Manufacturers. Some of the items like cereals such as rice, wheat, maize, etc., and pulses like redgram, black-gram, green-gram, horse-gram etc., are purchased from Agriculturists and wholesale dealers.

(3.) Before adverting to the contentions urged by the petitioners, it is necessary to notice the scheme and object and relevant provisions of the Act and the Rules framed thereunder. The object of the Act is to make provision for prevention of adulteration of food. Section 2(ia) defines "adulterated" as follows :