Objective test for intended human consumption limits municipal control over condemned flour and supports liability for unlawful action.

Section 244 of the U.P. Municipalities Act, 1916, read with Section 243, was construed as turning on objective facts, not the inspecting officer's subjective satisfaction, when determining whether food "appears to be intended for the consumption of man." The provision was also not extended to indirect sale for human consumption or to sale for animal consumption. On the evidence, the sellers had displayed notices that the flour was unfit for human consumption and were not shown to be marketing it as human food, so the statutory condition for action was not met. The orders under Section 244 were therefore invalid and liability for the loss caused by that action followed.

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Issues: Whether the municipal authority could validly act under Section 244 of the U.P. Municipalities Act, 1916 to restrict the sale of condemned flour on the footing that it appeared to be intended for human consumption, and whether liability for damages therefore arose.

Analysis: Section 244 had to be read with Section 243 of the U.P. Municipalities Act, 1916. The statutory phrase that an article of food or drink "appears to be intended for the consumption of man" was held not to turn on the inspecting officer's subjective satisfaction. The relevant enquiry was whether, on objective facts and circumstances, the seller intended to sell the article for human consumption. The section was also not read as extending to indirect sale for human consumption or to a sale for animal consumption. Since the evidence showed that the appellants had displayed notices that the flour was unfit for human consumption and had not been shown to be selling it as human food, the statutory condition for action under Section 244 was not satisfied.

Conclusion: The orders passed under Section 244 were invalid, the respondents were liable for loss caused by their action, and the appellant succeeded on the question of liability.

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