Gulab C. Gupta, J. - (1.) This revision, filed appratently under section 397/401 of the Code of Criminal Procedure is directed against the order dated 6.6.1984 passed by Shri P.C. Jain, Chief Judicial Magistrate, Panna, holding that coconut oil seized by the Food Inspector from the Non-applicants is not 'FOOD' without the meaning of section 2(v) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and hence the non applicants were not liable to be prosecuted.
(2.) The facts on record are almost admitted. It is admitted that on 2 5.1984 the Food Inspector Shri Suresh Kumar Khera purchased three tins of Kailash brand coconut hair oil as sample He also purchased three tins of E.H.T. brand coconut hair oil from the non-applicant Brindaban as sample. The Food Inspector also seized 13 tins of H.M.T. brand and 17 tins of Kailash brand coconut hair oil and handed over the same in Super drums to the Non-applicant Brindaban, Since the Non-applicants were of the opinion that these tins did not contain article of food, they made an application to the learned Chief Judicial Magistrate for their release. The Food Inspector, in his reply dated 23.5.1988 admitted that tins taken as sample clearly showed that it contained hair oil. Actual words written on the tin, according to the Food Inspector, are indicating that purchasers were clearly told that it was not edible oil but was hair oil. The learned Chief Judicial Magistrate was of the view that coconut hair oil is not food within the meaning of the Act and directed its release. That is how the matter is before this court for its consideration.
(3.) There can be no doubt that the Act prohibits manufacture, sale and distribution of adulterated or misbranded article of food and punishes the same under section 16 of the Act. Section 2(v) of the Act defines food to mean any article used as food or drink for human consumption other than drug and water. The definition, however, is inclusive and brings within its fold (1) and any article which ordinarily enters into, or is used in the composition or preparation of human food, (2) any flavouring or condiments, and (3) any other article which the central Government may, having regard to its use nature, substance or quality, declare, by notification in the official Gazette, as food for the purposes of this Act. In P.K. Tajani v. M.R. Dange, AIR 1974 SC 228 the Supreme Court held that the word 'Food' is defined widely and includes all that is eaten by men for nourishment and takes in subsidiaries. According to the Court, the meaning of common words relating to common articles consumed by common people available commonly and contained in a statute intended to protect the community generally, must be gathered from the commonsense understanding of the word. In this case, the Court was considering whether 'Supari' was an article of food or was it a 'Drug' and made the aforesaid observations. The court asked a simple question: Is supari eaten with relish by man for taste and nourishment and answered : "it is And so it is food". Needless to say that: 'coconut oil', like supari is common man's consumption and therefore it will be the obligation of this court to judge it from the common man's point of view. We must therefore ask if (he common man uses the coconut hair oil as food. The commonsense answer should be "No. It is not food." Coconut oil, and not the coconut hair oil, may be used as food but no one eat coconut hair oil or for that matter any hair oil. A hair oil may have coconut oil as its base and yet it is not edible coconut oil. A hair oil may contain some colouring, scent or the like to make it useful for the hair, which are not put into it when the base material is used for other purposes. This distinction is well understood by the common man of the country and must therefore be taken to be well established If experience of this court be of any value, edible coconut oil is used as hair-oil by those who can not afford the cost of coconut hair-oil, but not vice-versa. Coconut hair oil is not the only article manufactured from an edible oil. Til oil is also used as basic material for manufacturing many hair oils but no one treats such hair oils as edible oils. Similarly milk cream which is an article of food is used for manufacturing face creams or hair creams, but no one has treated these creams as edible oil is well understood. Whether such manufactured article is an article of food would depend on the use to which such product is put by our common man. Under the circumstances there should be no difficulty in holding that 'coconut hair oil' seized by the Food Inspector is not 'food' with in the meaning of Act.;