R VENKOBA RAO Vs. STATE

JUDGEMENT

(1.) Civilisation among the Society is rapidly advancing. People are developing tastes for various types of articles of food, and there are any number of articles which in the modern days are coming within the definition of articles of food under the Prevention of Food Adulteration Act, 1954. Chewing of betel-nut treated with Chunam is an age-old habit. Of late this Chunam is flavoured and is being bottled and sold as "scented Chunam" and the same is pink in colour.

(2.) The 2nd petitioner A.R.R. Seeval Factory, Kumbakonam, manufactures scented Chunam and sells the same in the name and style of "A. R. R. Scented Chunam". Admittedly this scented Chunam is treated with Erythrocin which comes under the category of coal-tar dye.

(3.) The Food Inspector, Kalyandurg, took a sample of the Chunam and sent it to the Analyst and after analysis the Analyst opined that the sample contained "added colour Erythrocin" and therefore it is adulterated. On the basis of this report of the Analyst, a prosecution was launched against the petitioner alter complying with the necessary procedural formalities. The case was taken on file and numbered as C. C. 163 of 1985 on the file of the Judicial Magistrate of First Class, Kalyandurg of Anantapur District. The present criminal miscellaneous petition is filed under S.482, Cr. P.C. with a prayer that the proceedings in the said case should be quashed.