SOHAN LAL Vs. STATE MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) This order will dispose of a batch of eight petitions under section 561-A Criminal Procedure Code involving common points. The petitioners are being prosecuted in the Court of a Magistrate for an offence under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 (hereafter referred to as the Act), for sale of supari sabat (areca whole-nut). In three cases the result of analysis by the Public Analyst appointed under the Act is said to be as follows:-

(2.) l the cases are at an initial stage and no evidence has so far been recorded. The petitioners however contend that the prosecution allegations even if taken to be true, do not establish any offence against them and as such any further continuation of proceedings will amount to abuse of the process of the court. Their prayer therefore is that the proceedings against them be quashed. At the hearing of the petitions the following three contentions have been raised on their behalf-

(3.) with regard to the first point it is urged that it is only that article which supplies nourishment to organic bodies that can be treated as food. Supari has not been shown to have any such qualitiy. Under section 2 (v) the word "food" means "any article used as food or drink for human consumption other than drugs and water and includes-