TMI Blog1979 (11) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... ) read with s. 2(1) (a) of the Food Adulteration Act and sentenced him to suffer imprisonment till the rising of the Court and to pay a fine of ₹ 200. On appeal, the learned Sessions Judge accepted the defence of the respondent and acquitted him to the charge. According to the learned Sessions Judge, the respondent could not be convected unless it was established that the sale of the gingelly oil was for human consumption. The State of Tamil Nadu preferred an appeal to the Madras High Court. The High Court confirmed the order of acquittal. The State of Tamil Nadu has filed this appeal by special leave of this Court. The learned counsel for the State of Tamil Nadu made it clear to us at the hearing that the State was not anxious, at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 7 is also relevant and it was as follows:- 7. 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 sale of which is for the time being prohibited by the Food (Health) Authority in the interest of public health; or (v) any article of food in contravention of any other provision of this Act or of any rule made thereunder. Food is defined by s. 2(v) as meaning any article used as food or drink for human consumption other than drugs and water and includes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle is generally or commonly used for human consumption or in the preparation of human food. It is notorious that there are, unfortunately, in our vast country, large segments of population, who, living as they do, far beneath ordinary subsistence level, are ready to consume that which may otherwise be thought as not fit for human consumption. In order to keep body and soul together, they are often tempted to buy and use as food, articles which are adulterated and even unfit for human consumption but which are sold at inviting prices, under the pretence or without pretence that they are intended to be used for purposes other than human consumption. It is to prevent the exploitation and self-destruction of these poor, ignorant and illiter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Courts appear to have so understood the meaning of the word food , though there appears to have been some confusion because of a misunderstanding of certain observations of this Court in Andhra Pradesh Grain Seed Merchants Association v. Union of India(1) and Shah Ashu Jaiwant v. State of Maharastra(2). In the first case it was observed:- We are again unable to accept the argument that under the Act even when an article is purchased not as an article of food, but for use otherwise, the vendor will be deemed guilty if the article does not conform to the prescribed standards, or is as an article of food adulterated or misbranded. Counsel said that coconut oil is used in the State of Kerala as a cooking medium, and sale of adul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as food whenever reason- able doubts arise on this question. It is self-evident that certain articles, such as milk, or bread, or butter, or foodgrains are means for human consumption as food. These are matters of common knowledge. Other articles may be presumed to be meant for human consumption from representations made about them or from circumstances in which they are offered for sale. The seeming confusion created by the observations in the two cases will disappear if they are properly understood in the context in which they were made. In the first case the Court was considering the argument based upon the supposition that there might be articles which were food somewhere and not food elsewhere. The Court first remarked that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er for human consumption or for any other purpose (including analysis) . The object is to emphasise that whatever be the purpose of the sale it is a sale for the purposes of the Act, just as the words whether by wholesale or retail or whether for cash or credit or by way of exchange are intended to emphasise that it is immaterial for the purposes of the Act what manner and method of sale is adopted. To give any other interpretation to the definition of sale would be to exclude from the ambit of the Act that which has been included by the definition of food . Further, a sale for analysis can never be a sale for human consumption but it is nonetheless a sale within the meaning of the definition. It is an unqualified sale for the pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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