STATE OF MAHARASHTRA Vs. MALSHI DAVSHI VISARIA
LAWS(SC)-1994-4-4
SUPREME COURT OF INDIA
Decided on April 12,1994

STATE OF MAHARASHTRA Appellant
VERSUS
Malshi Davshi Visaria Respondents

JUDGEMENT

K.JAYACHANDRA REDDY, YOGESHWAR DAYAL, J. - (1.)HEARD learned counsel for the parties.
(2.)THIS matter arises under the Prevention of Food Adulteration Act. The article of food involved is 'supari ' mixed with saccharin. The sample was taken in the month of March 1978. As the law stood then, such a sweetener was not permitted and any such treatment of supari with saccharin amounted to adulteration and hence it was punishable. However, on 9 11 1993, a notification was issued bearing No. GSR 695(E) by the Ministry of Health and Family Welfare including saccharin as an item permitted to the maximum limit of 4000 ppm for flavouring supari in Rule 47 of Prevention of Food Adulteration Rules, 1955. As at present the use of saccharin in permissible limit is recognised and in view of the facts and particularly of the fact that the sample was taken nearly 16 years ago, without going into the question raised, we are not inclined to interfere at this stage. The appeals are, therefore, dismissed.
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