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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