S. Malik, J. - (1.) THIS is an application Under Section 561 -A Code of Criminal Procedure by M/s. Khedan Lal and sons through its Managing Partner Shri Vishwa Nath Prasad Jaiswal praying that the criminal proceedings pending against the Applicant Under Section 7 read with Section 16 of the Prevention of Food Adulteration Act in the court of the Magistrate 1st Class at Kanpur be quashed.
(2.) THE facts not in dispute are that the Applicant manufactures, sells, stores, supplies and distributes chewing tobacco. It is alleged that Food Inspector Gupta of Nagar Mahapalika, Kanpur took for analysis on payment according to law prepared chewing tobacco on 17 -12 -1966 which was being offered for sale by one Rangi Lal in Colonelganj, Kanpur. The tobacco had been manufactured by the Applicant. One third of the sample sent to the Public Analyst was reported to be adulterated as the tobacco was found to have been coloured with coal tar dye, the use of which was prohibited in colouring foodstuffs under the Prevention of Food Adulteration Act. It was urged on behalf of the Applicant that as chewing tobacco is not food within the meaning of the Prevention of Food Adulteration Act, even if it be assumed that the prosecution allegations are correct, the proceedings are liable to be quashed as there could be no prosecution under the Prevention of Food Adulteration Act in respect of an article coloured with the said colouring material which was not food under the Prevention of Food Adulteration Act. There could be prosecution under the Prevention of Food Adulteration Act only if adulteration of food as defined in the Act is alleged.
(3.) SUB -section (v) of Section 2 of the Prevention of Food Adulteration Act lays down: (v) "food" means any article used as food or drink for human consumption other than drugs and water and includes - - (a) any article which ordinarily enters into, or is used in the composition or preparation of human food; and (b) any flavouring matter or condiments;;