Whether it is necessary to prove that food article was unfit for human consumption if it is insect-infested?

It will thus be seen that the law laid down in Delhi Municipality v. Tek Chand Bhatia MANU/SC/0187/1979 : AIR 1980 SC 360 : (1980 Cri LJ 316) was expressly affirmed by Ranganath Mishra, J. (as his lordship then was) and that view was not overruled in the main judgment. In our view, I therefore, the law laid down in Municipal Corporation of Delhi v. Tek Chand Bhatia MANU/SC/0187/1979 : AIR 1980 SC 360 : (1980 Cri LJ 316) holds the field and various decisions of this Court rendered by learned single Judge as referred to above holding to the contrary, are, hereby, overruled. Where an article of food is shown to be insect-infested, it is not duty of the prosecution to further prove that the article was otherwise unfit for human consumption. 

Equivalent Citation: 1992CriLJ742

IN THE HIGH COURT OF PUNJAB AND HARYANA

Criminal Appeal No. 416-DBA of 1985

Decided On: 25.09.1991

Appellants: State of Punjab
Vs.
Respondent: Kewal Krishan and Ors.

Hon'ble Judges/Coram:
Anand Parkash Chowdhri and J.B. Garg, JJ.

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WHETHER ACCUSED CAN BE CONVICTED EVEN IF ADULTERNANT IN A FOOD ITEM IS NOT INJURIOUS TO HEALTH?

 PREVENTION OF FOOD ADULTERATION ACT, 1954 - SECTIONS 2(ia) (m) (b), 2(i) (ia) (a) (b) AND (e), ADULTERNANT IN A FOOD ITEM NOT INJURIOUS TO HEALTHIs conviction sustainable in such cases-HELD-Section 2(ia) (m) (b) of the Act is an exception, wherein it makes clear that if such item is not injurious to health, it cannot be termed as adulterated. Therefore, for the purpose of basing a conviction it must be established that the article or food item seized was subjected to chemical examination and should clearly disclose such an item is adulterated by mixing with any foreign element.

Karnataka High Court

H.L. Nellashekara vs The Food Inspector Primary Health ... on 16 December, 2005

Equivalent citations: 2006 CriLJ 1561, 2006 FAJ 213, ILR 2006 KAR 933, 2006(2)KCCR792

Bench: N Veerabhadraiah

Read full judgment here;click here 

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