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        1985 (3) TMI 302 - SC - Indian Laws

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        Adulteration requires proof beyond worms alone where the sample is not shown to be insect-infested or unfit for consumption. Presence of nine living meal worms in lal mirchi powder, without any further analyst opinion that the sample was insect-infested, worm-infested, or ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Adulteration requires proof beyond worms alone where the sample is not shown to be insect-infested or unfit for consumption.

                            Presence of nine living meal worms in lal mirchi powder, without any further analyst opinion that the sample was insect-infested, worm-infested, or otherwise unfit for human consumption, did not satisfy the statutory definition of adulteration under Section 2(1)(f) of the Prevention of Food Adulteration Act, 1954. The Court noted the competing views on whether the phrase concerning articles "otherwise unfit for human consumption" is conjunctive or disjunctive, but did not decide that issue because the prosecution failed on the facts. The acquittal was therefore left undisturbed.




                            Issues: Whether a prosecution for adulteration under Section 2(1)(f) of the Prevention of Food Adulteration Act, 1954 could succeed where the public analyst found only nine living meal worms in the sample but did not state that the article was insect-infested, worm-infested, or unfit for human consumption.

                            Analysis: The sample of lal mirchi powder was tested and the public analyst reported the presence of nine living meal worms. There was, however, no further opinion in the report that the sample was insect-infested or worm-infested, and no opinion that it was unfit for human consumption. On that footing, the evidence did not establish the statutory requirement of adulteration. The Court did not finally choose between the competing views on whether the phrase "or is otherwise unfit for human consumption" in Section 2(1)(f) is to be read conjunctively or disjunctively, because on the facts the prosecution case failed even otherwise.

                            Conclusion: The prosecution failed to prove adulteration within Section 2(1)(f) of the Prevention of Food Adulteration Act, 1954, and the acquittal was not interfered with.

                            Ratio Decidendi: A conviction for adulteration under Section 2(1)(f) cannot rest merely on the presence of worms in the sample unless the evidence also establishes, in the form required by the statutory definition, that the article was insect-infested or otherwise unfit for human consumption.


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                            ActsIncome Tax
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