JUDGEMENT
G. M. LODHA, J. -
(1.) PROTECTIVE umbrella for preventing punitive punishment under Prevention of Food Adulteration Act, by plea of food stuffs meant for animals, whether genuine or result of ingenuity of human intelligence to exploit animals and human-beings together, is the pivot of legal debate in these two criminal prosecutions.
(2.) PREVENTION of prosecutions and implementation and enforcement of PREVENTION of Food Adulteration Act by vested interests, who do trafficking in human life for minting money, whether should be prevented by exploding such defences of ingenuity, trickery, is another facet of the present prosecutions, where the same petitioner is facing three prosecutions, for adulteration in three different varieties of food stuffs, on the same shop, as alleged by Mr. Tibrewal.
Whether man who is termed as "most intelligent animal" by some philosophers, should be allowed to exploit animals silence and helplessness of non-contesting, non-protesting and non-speaking, by taking defence in their name, is yet another new dimension of the novel defences, a dimension on which I would restrain myself from divulging and elucidating, any more as a Judge.
Honey for Scorpean bite treatment and 'ajwayan' for animals is the defence in two prosecutions in which adulteration is not under challenge. Whether the defence is much more adulterated than the food stuff is the new horizon, of adulteration in this ever increasing social crime of serious magnitude.
Honey for scorpean bits or accused biting human beings, as Scorpean, for minting money out of Honey, is the real controversy.
Prosecution for adulteration with adulterated defence, whether means adulteration is adulteration, is yet another new facet of this device which is becoming as common as plea of alibi in other criminal cases.
(3.) CRIMINOLOGY of social crimes and such defences whether extension or aggravation of criminology, should be a subject of serious research.
And now the traditional facts for dealing the two revisions separately.
Let me deal with conviction about adulteration in Ajwayan first.
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