- (1.) The complainant Dr. Amarjit Lal purchased three sealed packets of "NIRMA Shudh Salt" on payment of Rs. 24/- (Rupees Twenty Four only), against a valid receipt. The sealed packets were submitted to the Public Analyst, Punjab, Chandigarh for analysis The Public Analyst reported as under:- "That the product has not been labeled in accordance with the provision of Rule 32 of P.F.A. Rules 1955 as the complete address of its manufacturer (i.e. name of state) has not been given. Hence the sample is misbranded." It was therefore sought to be concluded, that the retailer, Nirma Limited, had committed offences Under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954. Consequent upon the initiation of proceedings by the Chief Judicial Magistrate, Hoshiarpur, against Nirma Limited and others, on the afore-mentioned complaint, the Appellant before this Court filed a petition Under Section 482 of the Code of Criminal Procedure 1973, seeking quashing thereof. The High Court dismissed the petition filed by the Appellant by observing as under:- "Reply has been filed. It is made out that Nirma Shudh Salt Vacuum Evaporated, NIRMA Limited, Nirma House, Ashram Road, Ahmedabad is misbranded. Learned Counsel for the State draws my attention to Annexure P-2 to show that the sample exhibited on record would indicate that the name of the State is not mentioned on the label. Mr. Berry, by referring to reply, would submit that as per the requirement of Rule 32 of PFA Rules, 1955, complete address of the manufacturer with name of the State has not been mentioned. Since the name of the State has not been mentioned, the Public Analyst, Punjab, vide his analysis report has found this salt to be mis-branded. No case for gushing the complaint and the summoning order is made out. The Petitioners, however, would be at liberty to take all these defences before the trial Court." The aforesaid order dated 28.5.2007, is subject matter of challenge at the hands of the Appellant.
(2.) A perusal of the impugned order reveals, that the product sold by the Appellant was misbranded. It was the vehement contention of the learned Counsel for the Appellant, that the description of the name and address on the product, does not justify the conclusion recorded by the High Court. It was the submission of the learned Counsel for the Appellant, that the mandate of the statutory provisions under the Prevention of Food Adulteration Act, 1954 does not require any such description. Before we delve into the details of the statutory provisions, it is pertinent to record the details in respect of the manufacturer's address and the address of the manufacturing unit, depicted on the packets sent for analysis. "Mfd. By NIRMA LIMITED Survey No. 478-P, Vill. Kalatalav, Dist. Bhavnagar-364313 Regd. Off. NIRMA LIMITED "Nirma House" Ashram Road, Ahmedabad-380009
(3.) Insofar as the issue in hand is concerned, reference may be made to Section 7 of the Prevention of Food Adulteration Act, 1954, which is being reproduced hereunder: 7. Prohibitions of manufacture, sale, etc., of certain articles of food - No person shall himself or by any person on his behalf manufacture for sale, or store, sell or distribute- (i) any adulterated food; (ii) any misbranded food; (iii) any article of food for the sale of which a licence is prescribed, except in accordance with the conditions of the licence; (iv) any article of food the same of which is for the time being prohibited by the Food (Health) Authority in the interest of public health; (v) any article of food in contravention of any other provision of this Act or of any rule made thereunder; (vi) any adulterant. Explanation. - For the purposes of this section, a person shall be deemed to store any adulterated food or misbranded food or any article of food referred to in Clause (iii) or Clause (iv) or Clause (v) if he stores such food for the manufacture therefrom of any article of food for same. The above provision prohibits, the sale of a food product, which is misbranded. The terms 'misbranded' is defined in Section 2(ix) of the Prevention of the Food Adulteration Act, 1954 as under:- ix) "misbranded" - an article of food shall be deemed to be misbranded- (a) if it is an imitation of, or is a substitute for, or resembles in a manner likely to deceive, another article of food under the name of which it is sold, and is not plainly and conspicuously labeled so as to indicate its true character; (b) if it is falsely stated to be the product of any place or country; (c) if it is sold by a name which belongs to another article of food; (d) if it is so coloured, flavoured or coated, powdered or polished that the fact that the article is damaged is concealed or if the article is made to appear better or of greater value than it really is; (e) if false claims are made for it upon the label or otherwise; (f) if, when sold in packages which have been sealed or prepared by or at the instance of the manufacturer or producer and which bear his name and address, the contents of each package are not conspicuously and correctly stated on the outside thereof within the limits of variability prescribed under this Act; (g) if the package containing it, or the label on the package bears any statement, design or device, regarding the ingredients or the substances contained therein, which is false or misleading in any material particular; or if the package is otherwise deceptive with respect to its contents; (h) if the package containing it or the label on the package bears the name of a fictitious individual or company as the manufacturer or producer of the article; (i) if it purports to be, or is represented as being, for special dietary uses, unless its label bears such information as may be prescribed concerning its vitamin, mineral, or other dietary properties in order sufficiently to inform its purchaser as to its value for such uses; (j) if it contains any artificial flavouring, artificial colouring or chemical preservative, without a declaratory label stating that fact, or in contravention of the requirements of this Act or rules made thereunder; (k) if it is not labeled in accordance with the requirements of this Act or rules made thereunder; A perusal of Sub-clause (k) of Section 2(ix) leaves no room for any doubt, that a product which is subject to sale, must be labeled in accordance with the requirements of the provisions of the Prevention of the Food Adulteration Act, 1954, or the rules made thereunder. Insofar as the deficiency in the present case is concerned, the contention is (as is apparent from the complaint filed before the Chief Judicial Magistrate, Hoshiarpur) based on proviso(c) Under Rule 32(b)(2) of Prevention of Food Adulteration Rules, 1955. The relevant extract of proviso(c) aforementioned, is being reproduced hereunder: 32. Every prepackaged food to carry a label (a) General - xxxx xxxx (b) Labelling of Prepackaged Foods- (1) The name of the Food-The name of the food shall include trade name or description of food contained in the package. (2) List of ingredients - Except for single ingredient foods, a list of ingredients shall be declared on the label in the following manner: xxxx xxxx Provided also that for all vegetarian food,- (a) XXXX XXXX (b) XXXX XXXX (c)(i) the name and complete address of the manufacturer and the manufacturing unit, if these are located at different places and in case the manufacturer is not the packer or bottler, the name and complete address of the packing or bottling unit as the case may be; (ii) where an article of food is manufactured or packed or bottled by a person or a company under the written authority of some other manufacturer or company, under his or its brand name, the label shall carry the name and complete address of the manufacturing or packing or bottling unit as the case may be, and also the name and complete address of the manufacturer or the company, for and whose behalf it is manufactured or packed or bottled; (iii) where an article of food is imported into India, the package of food shall also carry the name and complete address of the importer in India; Provided that where any food article manufactured outside India is packed or bottled in India, the package containing the such food article shall also bear on the label, the name of the country of origin of the food article and the name and complete address of the importer and the premises of the packing or bottling in India] (d) to (i) XXXX XXXX;