JAWAHAR GENERAL STORES NIDUBROLU Vs. SECRETARY FOOD AND AGRICULTURE DEPARTMENT GOVERNMENT OF INDIA CENTRAL SECRETARIAT BUILDINGS NEW DELHI

JUDGEMENT

(1.) In this batch of writ petitions the petitioners herein challenge the vires of Secs.2 (ia) 7,10,13 T6 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 of India.

(2.) The petitioners are retail dealers in the State of Andhra Pradesh who radet in food grams, edible oils, tea, coffee, buscuits, atta, ravva, maida, chilli powder and other articles of food. They purchase some of the items from the Wholesale dealers, who in their turn purchase them from producers apd manufactures. 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 snceme and object and revelant provisions of the Act and the Rules framed thereunder. The object of the Act is to make provision for prevention of Ad kite rat ion of food. Section 2 (ia) defines "adulterated as follows "2 (ia) 'adulterated' an article of food shall be deemed to be adulterated: