FOOD INSPECTOR Vs. AMEER MOHAMMED

JUDGEMENT

(1.) A sample of pan masala seized by the Food Inspector from the shop of the accused by name Bakery and Stores, Punjagutta, Hyderabad, was found to be combining of added colours. The analyst found it to be adulterated. The accused was prosecuted under section 16(1)(a)(i) of the Prevention of Food Adulteration Act in C.C. No. 54/86 on the file of the 7th Metropolitan Magistrate, Hyderabad.

(2.) The learned Magistrate acquitted the accused. The contention of the accused is that they are permitted colours and so no offence is made out. Against the order of acquittal, this appeal is preferred.

(3.) The learned Public Prosecutor contended that in the list of articles for which permitted colours are allowed, pan masala is not included and so the colours should not be used in pan masala. The lower Court relied on a decision of the Bombay High Court in State of Maharashtra Vs. Jamaluddin, 1980 (1) FAC 171 (Bom) where it is stated that permitted dyes are allowed in flavouring agents like pan masala. Apart from that, there is no standard for pan masala. There is no evidence that the addition of these colours is injurious to health. Therefore, there are no grounds to interfere in the appeal against acquittal. The learned Magistrate is justified in acquitting the accused. Criminal Appeal is dismissed Appeal dismissed.