RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition filed under Section 482 of the Code of Criminal Procedure is for quashing the complaint dated 8-5-1989, Annexure P-1 under the Prevention of Food Adulteration Act as also order dated 8-3-1994, Annexure P-4, passed by the Sub-Divisional Judicial Magistrate- Oabwali vide by Which the application made by the petitioner for his discharge was dismissed.

(2.) Petitioner is being prosecuted under the Prevention of Food Adulteration Act as the sample of mustard oil unfiltered was, as per the report of the Public Analyst, not clear and contained suspended matter settled at the bottom whereas it should have been clear and free from suspended matter.

(3.) Learned Counsel for the petitioner contends that according to Section 2(v) of the Prevention of Food Adulteration Act the cotton seed oil to come within the definition of food must be oil which has been refined and dehydrated whereas in the present case when the sample was drawn the mustard oil was unrefined and unfiltered. Thus, the contention of learned Counsel is that the item would not fall within the definition of the food. For his afore stated contention, he relied on Bharat Bhushan v. State of Punjab. This is how the matter was proceeded with in Bharat Bhushans case. According to the definition given in Section 2 (v) of the Act, food means any article used as food or drink for human consumption other than drugs and water and includes (a) any article which ordinarily enters into or is used in the composition or preparation of human - food, (b) any flavoring matter or condiments, and (c) any other article which the Central Government may having regard to its use, nature, substances or quality, declare, by notification in the Official Gazette, as food for the purpose of this Act. When these two definitions are read together the conclusion has to be drawn that the cotton seed oil to come within the definition of food must be oil which has been refined and dehydrated. In the present case, when the sample was drawn the cotton seed oil was unfiltered and unrefined. This item did not fall within the definition of the food and as such the Food Inspector was hardly competent to draw the sample or to start prosecution of the petitioner.