PALASA CASHEW MANUFACTURES ASSOCIATION Vs. FOOD INSPECTOR

JUDGEMENT

(1.) THE petitioner is an association of the manufacturers of cashew nuts at Palasa of Srikakulam District. They seek a writ of mandamus declaring that the action of the respondents, in insisting that the cashew manufacturers must possesses a licence under the provisions of the prevention of Foods Adulteration Act, 1954 (for short 'the Act') and the Prevention of foods Adulteration Rules, 1955 (for short 'the Rules'), and their action in prosecuting the members of the association on the ground that they did not possess such licence; is illegal, arbitrary and unconstitutional. A further declaration is sought to the effect that such licences are not necessary for carrying on the business of processing and sale of cashew nuts.

(2.) IN the affidavit filed in support of the writ petition, the petitioner described the process, through which cashew nuts are made edible. According to it, the cashew nut is a natural product and its members undertake the activity of dehydration of cashew nuts in small establishments and, packing of the final product, in tins or packets. It is stated that no mechanical process, much less, any transformation of the products is involved. The petitioner complains that the Food Inspector, srikakulam, the first respondent herein, and other officials are visiting the various units in the locality and are initiating prosecution on the ground that the licences are not obtained. Instances of initiation of prosecution, imposition of fine etc. , are mentioned.

(3.) ON behalf of the respondents, a detailed counter-affidavit is filed. It is stated that the product, cashew nut, answers the description of 'food' under Section 2 (v)of the Act; and that Section 7 of the Act, read with Rule 50 of the Rules mandates that the manufacturer of cashew nuts must obtain licence to carry on the trade in it. According to the respondents, a detailed process is involved, before a raw cashew nut, derived from trees is made edible.