BHAGAT RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Criminal liability in case of insect damaged and for insect-infested articles of food under the Prevention of Food Adulteration Act, 1954 falls for determination in these revision petitions.

(2.) At the admission stage of criminal revision No. 7 of 1983, it was urged that sub clauses (1) and (m) take out the case of primary food from the purview of sub- clause (f) of clause (ia) of section 2 of the Prevention of Food Adulteration Act; 1954 (hereinafter referred to as T1the Act) as held in State of Haryana v. Rama Nand. The Court was then of the view that important questions of law being involved, the case be placed before a Division Bench. For similar reasons, criminal revision No. 75 of 1983 and criminal revision No. 160 of 1983 were ordered to be heard alongwith criminal revision No. 7 of 1983. We proceed to dispose of all the abovementioned three cases by this judgment.

(3.) The facts of three cases are as follows: