MUNICIPAL CORPORATION OF DELHI Vs. JETHA NAND

JUDGEMENT

(1.) This is an appeal for which special leave under section 417 (3) was granted against the acquittal of the respondent under sections 7 & 16 of the Prevention of Food Adulteration Act1954 (hereinafter to be referred as the Act).

(2.) The case of the prosecutions is that on 28th November, 1961 at 9.45 AM, two Food Inspectors of the Municipal Corporation of Delhi went to the Hotel Airlines where the accused-respondent was working as the Manager. One of the Inspectors purchased 12 ounces of Dhania powder for which he paid 00.75 Paise. The other Inspector took a sample of 12 ounces of Red Chillies against the payment of 00.94 P from the store-room of the Hotel where those commodities had been stored for preparation of eatables. Each sample of the commodity was divided in three parts and kept in three clean and dry bottles. The bottles were sealed in the presence of two witnesses; one sealed bottle was given to the accused and yet another set was sent to the Public Analyst on the same day. Both these samples were declared to be adulterated by the Public Analyst. Both these cases, which were subject matter of two separate complaints, were consolidated and disposed of by a common trial. The accused was acquitted as against which the above two appeals have been filed. Both these appeals (No. 100-Dand 101-D of 1964), therefore, may be disposed of by a common judgment.

(3.) The short ground on which both the cases were thrown out was that these articles, Red Chillies and Dhania powder, were kept in the hotel for being used in the preparation of eatables and no sample of any eatable wherein the commodities were used had been taken. Reliance was placed on the decision of the Punjab High Court in Delhi Municipal Corporation vs. Hukam Chand (Cr. Appeal No. 137-D of 1961) that there being no storing of these commodities for the purpose of sale no offence had been committed. Section 2, sub-section (v) of the Act defines "food" as including any article which ordinarily enters into, or is used in the composition or preparation of human food. Sub-section (xiii) of section 2 defines "sale" as the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale,. the exposing for sale or having in possession for sale of any such article and includes also an attempt to sell any such article. Section 7 of the Act reads as follows :