Appeal by the Municipal Corporation against acquittal of a grocer prosecuted for selling insect-infested cashewnut pieces. The Supreme Court held 'insect infested' covers dead insects too, and that unfitness for human consumption must be proved; since the Public Analyst's report was silent on this, the acquittal was left undisturbed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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: MUNICIPAL.CORPORATION.OF DELHI
v.
KACHEROO MAL
September 29, 1975
. fR. s. SARKARL\ AND A. c. GUPTA, JJ.]
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Interpretation o( statute-:Suppress the mischief and advance the remedyPrevention of Food Adulteration Act-S. 2 (i)(f)-Proof of sample being insect infested enough or whet.her f11rd1er proof of bein.~ 1111/it for human consumption-Mealling of insecr infesied-Whet/ier insecri must be living. The Food Inspector purchased cashewnui pieces as sample for analysis from the grocery shop of the respondent. The sample was sent to the Public Analyst who reported that the cashewmits _were insect infested. After receiving the report from the Public Analyst the Food Inspector prosecuted th(l respondent in. respect of an offence under s. 7 read with s. 16 of the -Prevention of Food Adulteration Act, 1954. The trial Magistrate convicted and sentenced the respondent to 6 months rigorous imprisonment with a fine of Rs. 1000/-. Respondent's appeal before the Sessions Jndge failed. ,
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. A revision filed by the respondent before the High Court succeeded. The· High Court held that since it was BO! proved that the sample contained living insects, the same could not be called 'insect infested' within the meaning of ·- 2(i) (f) of the Act. The High Court held that the presence of living inset is· necessary before an article could .be called insect infested. According. to the High Court the intention of the Legislature was that at the time of analysis infestation by insects should be p1'esent. The High Court further observed thatif only dead insects were present the sample cou]d, be called insect damaged and not insect infested. Since the report of ~he Public Analyst did not show the !Dresence of living insects it was conchided that the same could not be said to be a_dulterated.· The High_ Court, thus, set aside the conviqion .. of the respondent.
S. 2(i) (f) reads· as under :
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"If the article. consists who!Ly or ip part of any· filthy, putrid, disgusting, rotten, qecomposed. or diseased animal or vegetable substance or is insect infested or is. otherwise unfit for human consumption."
On appeal by special leave, the appellant contended : (i) the constmction of the expression insect infested given liy the High Court was wrong and .. that it was contrary to a Division Bench judgment of the ame High Court in the case of Dhanraj; (ii) in the case of food articles for which no minimum standard of purity is prescribed, as in the present case for cashewnuts, the moment it is proved that a propor!ion or percentage of the article is putrid, filthy, disgusting, decomposed or insect-infested, it would be d_eemed to be unfit for human consumption and, therefore, 'adulterated' within the contemplation of s. 2(i)(f); and (iii), in the alternative, it was contended that it is implicit in the report of the Public Analyst that. tl).e article in question was found unfit for human consumption . · The respondent on the contrary contnqed that mere proof . of the fact that a sample sent to the Public Analyst was found to be insect infested could not make the ariicle 'adnlterated' unless it was further proved that the article was unfit for human consumption~ i:n the present case there is no proof of that essential fact. The Public Analyst in . his report did not siate that the insect irifestation found by him had rendered the article unfit for human consumption. : HELD·: ( 1) The. constructfon pµt by tllt: High ip:t on s. 2(i)(f) is ma fe;>tly erroneous. . It has . been disapproved. bl'.' a D_1v1S1on Bench of, he same High Court in,Dlw.111:ai's case, The Act has be.en enacnea to Cljrb tpe widespread evil of food adulteration ai:ld. to ensure.· tlie, sale of wholesome food· to the pe9ple. ·. J'n iangµage ;of such statµte' stjc/i,ilcf b.e : costfued' lp.1 __ fl Iijilner which " ~, IJ r'' ~ r
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[1976] 2 S.C.R.
SUPREME COURT REPORTS
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-:vould suppress. Uhe mischi.ef._ advance the remedy, promote its object, prevmt its subtle. evas10n and foil its artful .c1rcumvent10n. The construction adopted by the .High Co?rt is repugnant to this cardinal rule of interpretation. It would be. stia.mmg .ones commnsense to sa" th3t an article of f9od which is infested wnh hvmg msfrts and is consequently unwholesome fr human consumption, ceases .to be so . and. becom.es wholesome when these msects die out and the mfestauon turns m:o mfestat1on bv dead insects. [4B-D]
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B ( 2) The expression 'insect infestation' takes its hue from the phrase 'unfit for humQn consumption' occurring at the end of sub-clause. The decision of Delhi High Court in Dhanraj's case approved.
The words 'or is otherwise unfit for human cor,sumption' can be read conj"unctively. as wdl as disjunctively. The court preferred to construe it copjunct1vely as 1t comports bst with reason, commonsense realities the tenor of this provision and the main purpose and scheme of' the Act. ' The adjectives c 'filthy', 'putrid', 'd!sgusting', 'decomposed', 'rotten', 'insect-infested', refer to the quality of the arl!cle and furnish the indicia for presuming the article to be unfit for human consumption. But, the presumption may not be conclusive in all cases irrespective of the character of the article and the nature and the extent of the vice afflicting it. There are some arHcles of food in respect of which the rules framed under tbe Act !av down the mini.mum proportion of. insect-ir<festation, which is not deemed to make tbe article unfit for human consumption. This clearly shows Uhat the mere fact that any part of the article was 'insect infested' may not be conclusive proof of his being adulterated D under sub-clause (f}. In the case of an article for which the rules do not prescribe any minimum standard of purity or any minimum proportion of insect infestation, what wonld exclude it from the definition. of adulterated article will be a mixed question of law and fact depending on the nature, degree and extent of the insect-infestation which would render the article unfit fo[ human consumption. The opinion of the Public Analyst who examines and analysis the sample as to the fitness or otherwise of the sample for human consumption would constitute legal evidence. The report of the Public Analyst including his opinion on this point is per se evidence by virtue of s. 13 of the Act. Dut, E this does not mean that his ipsi dixit would be conclusive and binding on the court. To treat it so would be to leave the determination of the guilt of the accused to the whims and fancies of the Public Analyst. In each case it must be proved that the article was unfit for human consumption. In the case of articles for which the rules lay down any minimum standard of purity with reference to any of the vices specified in sub-clause (f), mere proof of the fact that the impurity was in excess of that countenap.ced by the prescribed standard, would be conclusive to show that the article was unfit for human F consumption. There is no statutory minimum standard of purity with reference to the vice of insect-infestation or other adjectives used in this sub-clause as far as the cashewnuts are concerned. It will, therefore, be for the Judge of fact to decide upon the evidence in the case, whether the insect infestation found was of such a nature and extent as to make it unfit for human consumption. Dhanraj's case over-ruled in so far as it lays down that .if for any article of food no standard of quality or nurity bas been prescnbed or no limits have been prescribed for. the variability of its cons!itue1ts, thn subclause (f) of clause (i) of s. 2 w11J not apply. The governmg J11?red1ent. of ·G sub-clause (f) is the quality of the article. being unfi fo.~ human consumption. Jn the instant case the report of the Pubhc Analyst 1s SHent .as to whether on account of the insect infestation found in the sample the article w'.is unfit for human consumption. The.ref ore, it became nece'8ary. to call the P~bhc Analysts, as witnesses, to enable them to elucidate their onilyon and amp!Ify the. report and to allow the parties to test it bv cross-examination. The court was mclmed to remand the case to the High C?urt but the .court was info;med ~at the Public Analyst who gave the report 1s no longer. 111 the appellants service, and is not residing at Delhi and that his attendance m court 7ould n.ot be procured H without undue delay and inconvenience. The Court cons1der.ed 1t unreasonabl.e in the circumstances of the case to remand the case particularly because !t would cause undue hardship to the respondent who has had m?re than ~IS normal share of the mental suffering, harassment and expenses which go with
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MUNICIPAL CORP. v. KACHEROO MAL (Sarkaria, I.)
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·protracted criminal proceedings extending in the present case over 81 months. · A No useful purpose, therefore, would be served bv remanding the case. The Ccurt did not disturb the acquittal of the respondent. [60-E &. 7 ~E, & H, 8 B. H 9G H, IOA-DJ. CRIMINAL APPELLATE JURISDSCTION: Civil Appeal No. 174 of 1971. .· . . Appeal by Special Leave from the Judgment and Order dated· the B 24th December, 1970 of Delhi High Court in Cr!. Revsn No. 120 of 1970 .. S. N. Andley, F. S. Nariman, B. P. Maheshwari, N. K. lain and Suresh Sethi for the Appellant. D. Mukherjee and U. P. Singh for the Respondent. c ' The Judgment of the Court was delivered by SARKARIA, J. This appeal l?Y special leave is directed against a judgment of a learned single Judge of the High Court of Delhi. It · arises out of these circumstances : . On January 8, 1969, B. R. Kochhar, Food. Inspector, purchases D 600 grams of Kaju-Tukra (cashewnut pieces) as sample for analysis from the grocery shop of Kacheroo Mal, Respondent in Khari Baoli, Delhi. The sample was divided into three equal parts and sealed into three bottles. An inventory was prepared which was read over and explained to the respondent, who thereafter signed it. One of these bottles was given to the respondent, one was retained by the Inspector, t whi!e the third was handed over to the Public Analyst on the followE ing day for examination. The Public Analyst has reported : . "Date of Analysis : 10-1-1969. Insect-infested pieces • of Kajus: 21.9% and I am of the opinion that the same is adulterated due to insect infested pieces of Kajus to the extent of 21.9% ." •• F On the preceding facts, the Food Inspector 'filed a ·complaint for prosecution of the respondent in respect of an offence under s. 7 read with s. 16 of the Prevention of Fooo Adulteration Act, 1954 (hereinafter called the Act). The trial Magistrate convicted and sentenced him for six months rigorous imprisonment with a fine of Rs. 1000/-. Kacheroomal's appeal before the . Additional District and Sessions Judge, failed .. Against the order of the Additional Sessions Judge, G he preferred a revision to the High Court. The revision was heard by a learned Judge who held that since no living .insect was found in • > the sample pieces examined by the analyst, the same could not be called "insect-infested" within the contemplation of s. 2 (i) (f) of the Act. The learned Judge was of the opinion "that the presence of • living insects is necessary before an article could be called 'insectinfested". According to him, ''the intention of the legislature by using this word in s. 2(i) (f) in the sentence 'if the article is insectinfested' clearly is that at the time of analysis infestation by insects should be present". It was further observed that if only dead insects
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1197 6] 2 S.C.R.
SUPREME COURT REPORTS
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A were present, the sample could be called 'insect-damaged' and not in: sect-infested'. Since the report of the Public Analyst did not show the presence of Jiving insects in the Ka ju sample pieces, it \as concluded that the same could not be said to be 'adulterated'. On thi,< reasoning, the revision-petition· was allowed and the conviction of . Kacheroo Mal was set aside. Hence this appeal, by the Municipal B Corporation of_ Delhi. . • ... Havig head the learned Cou;,,el on both sides, we are of opinion that the construction put by the learned Judge of the High Court is manifestly erroneous:_ It has been· disapproved by a Division Bench of the· ·same' High ·Court in· Dlzanraj v: Municipal Corporation of Delhi.(1 ) Indeed, Mr. D. Mukherji, the learned Counsel for Kacheroo Mal has not tried to support it.. · ·
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The Act has been _enacted to curb and remedy the widespread evil of food-adulteration, and to ensure the sale of wholesome food to the people.· It is well-settled that wherever possible, without unreasonable . stretchiilg or straining the language of such a statute, should be construed in a manner which would suppress the mischief, advance the remedy,•· promote its object, prevent its subtle evasion and foil its artful circumvention. The construction adopted by the learned Judge is repugnant to this cardinal rule of interpretation. With respect, it is less rational, but too literal, narrow and pedantic. It would be straining one's co=onsense to say -that an ·article of food which is infested with living insects· and ·is consequently unwholesome for human consumption, ceases;to be so and becomes wholesome, when these insects die out _and _the. 'infestation' turns into an. infestation by dead insects. E The expression 'insect-infested' is to be construed in the context of an article of food nieant for human consumption. It takes its hue ·from the phrase 'unfit for human consumption' occurring at the end of the· sub-clause. Thus· construed, . it. meaus that the article so abounds in insects, dead or living,. that it is rendered unfit for human consump- · tion.· We need not' labour the point fnrther. · It ·has been - lucidly brought out by Jagjit Singh J. who spoke for the Bench of the High _F Courtin Dhanraj's case (supra) at page 688 of the report. We fully . approve. that reasoning and would extract it here :
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MUNICIPAL CORP. v. KACHEROO MAL (Sarkaria, J.)
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especially for "insects which attack plants, grain, etc, · in large swarms". Thus an article. of food would be. ':insect- . infest~"' if it has been attacked by insects in swarms' oi: numbers. It however· seems to us that there is no justification for the view that insect-infestation would only continue so long as the insects continue to be alive. If an article of . food is attacked by insects in large swarms or numbers and · for some reas9n those ·insects tlie, the niere fact· tliat the· article of food .h<1s no longer, living insects but has dead ,.insects Will ri.Ot change its character of being insect~infested."
In view of the construction that the expression , 'insect-infested', includes infestation: even by dead insects, the further· · point to be .considered is, whether. mere insect-infestation,· without'· more, would be sufficient to hold ihe article to be-'adulterated' within the meaning of sub-clause (f) of :lause (i) of sec. 2 of the Act.
Mr. D. Mukherji, learned Counsel for the Respondent subip.its that mere proof of the fact that a certain number of pieces of the sample sent to the Public Analyst .wei;e found to be insect-infested, could not make the article "adulteratec!" in: ierrns of the aforesaid sub-dause (f) unless it was proved fuitlietthatthe article was unfit for human coµsumption .. It is stressed fl1eie is no proof of Chat essential fact on tl:ie record. It is pointed out; .tliat in his report, the Public Analyst has n.ot said that the insect"lnfes!ation found by him had rendered the article unfit for h_ull).an consumption. In this connedion, Counsel .has invited our attention to an applipa(ioii which was. made by Kacheroomal in the first appellate Court, praying that the Public Analyst · be summoned and. ex~mined as .a witness. He has .further drawn our attention to an order, dated 17-12-70 of.the.High Court whic.h shows that. on the request of. Mr. Bashamber Dayal, Counsel for the Municipal Corporation, the Court summoned Mr. Sudama Roy and Mr. '.P. P . .!3hatna,gar, Ptjblic AnaJysts for 21-12-1970. The point sought to be made out is that in this case, the prosecution, the defence and , ·the High Court all felt that Che report of the Public Analyst was v·ague, inadequate and deficient, -and in, the absence, of Clear . proof of the .sample, being unit for human. consumption, it could not constitute a . valid basis for holding the ·article to be adulterated wifhin the mean. ing of sec. 2 (i)(O .
As against the above, Mr. F. S. Nariman, the learned Counsel for the appellant Corporation submits that in the case of food articles for which no minimum standard of purity is prescribed, the moment it is proved that a proportion, or percentage of the ar.ticle~not ·beiitg 11 proportion or percentage as would be covered by the rule, de minimis rum curat lex-is putrid, filthy, disgusting, decomposed or insectinfested, it would be deemed to b!l unfit for humart consumption and t.ereffC''~dulter!lted- Witqin-the ;COntempJi:1tion Of S. 2(i)'{f<):::·tlnrany case, proceeds tlie argument, it is implicit in the report of. the Public Analyst that the article in question was found unfit· for human consumption.. This implication according- to Che learned Coiirtsel, flows .fr.om. th,e Analyst's conclusion that the· .articlewas' "adulterated';.
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[1976] 2 S.C.R.
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SUPREME COURT REPORTS
A Counsel has criticised the view taken by the Bench in Dhanraj's case that if for an article of food, no standard of quality or purity has bee11 prescribed or no limi':s have b:en prescribed for the validity of its constituents, then sub-clause (l) of clause (f) of sec. 2 will no·t apply, and that the Pub ic Analyst is not compe•ent to say as to what exlent of insect-infestation would make the article "adulterated". •
B The relevant part of Section 2 reads as under :
( a) to (e)
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The phrase "or is otherw~e unfit for human consumption" can be read conjunctively as well as disjunctively. If it is read conjunctively, that is, in association with what precedes it, sub-clause (f) with slight .D consequent rearrangement and parenthesis would read like this : "If the article is unfit for human consumption on account of (a) its consisting wholly or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance or being insectinfested, (b) or on' account of any other cause". In this view of the . sub-clause, proof of 'unfitness of the article for human consumption', is a must for bringing the case within its purview.
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If the phrase is to be read disjunctively, the mere proof of the whole or any .part of the article being "ff thy, putrid, disgus:ing, r9tten · : ... or insect-infested'' would be conclusive to bring the case within the mischief of this sub clause, and it would not be necessary in such a case to prove further that the article was unfit for human consumption.
F We. would prcfor the first construction as it comports best with reason,, commonsense, realities, the tenor of this provision and the main purpose and scheme of the Act. The adjectives "filthy", "putrid", "disgusting", "decomposed" "rotten" ...... "insect-infested" refer to the quality of th;: article and furnish th~ indicia for presuming the article to b.: unfit for hum:m consumption. But the presumption may not b<: conc'.usive in all cases, irrespective of the character of ·G .the article,.and the n.ature and extent of.the vice afflicting it. This is particularly so, where an article is found to be 'insect-infested'. There ·are some articles of food in respect of which the Rules framd under the Act, lay down the minimum proportion of insect-infestation· or in ·sect-damage which is not deemed to make the article unfit for hiiman consumption:' For instance, in the case of Nutmag (Jaiphal) the proportion of extraneous matter and irtfestatiOn shall not exceed 3 .0 per cent by weight. (Item A.05.16 of the Pi·eventii:m of Food Adulteraion Rules; 1955). In the case of Coriander (Dhania) the proportion of extraneous matter including dirt and lnsect-damaged . seeds :Sliall not
MUNICIPAL CORP. v. KACHEROO MAL (Sarkaria, J.) 7
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exceed 8.0 per cent by weight (Item A.05.08). Similarly, in the case of foodgrains, the proportion of 20 miligrams of insect-damaged grain per 100 miligrams sample of the grain, and 5 per cent y weight of fnngl_ls-damaged . grain is not considered enough, to treat it as 'adulterated' eitl).er under sub-clause (f), or a11y of the other subclauses of sec. 2(i). These illustrations unmisfakably show that the mere fact that any part of an article was insect-infested may not br conclusive proof of its being 'adulterated' under sub-clause (f). In other words, all the adjectives used in the sub-clause are a presumptive and not an absolute test of the quality of the article being unfit for human consumption. To be more particular, in the case of an article in respect of which the Rules do not prescribe any minimum standard of purity or any minimum proportion of insect-infestation that would exclude it from the definition of 'adulterated article'. it will be a mixed question of law and fact, whether the insect-infestation j of such a nature, degree and extent as renders the article unfit for human consumption. The opinion of the Public Analyst who examines and analyses the sample, as to the fitness or otherwise-.of the sample for human consumption, would constitute legal evidence. A Public ,Analyst is supposed to be specially skilled in the science of dietetics. As an expert in the science, he is competent to opine and testify about this fact.
The report of the Public Analyst, including his opinion on this point, is per se evidence by virtue of sec. 13 of the Act. But this does not mean that his ipse dixit would be conclusive and binding on the court. To treat it so would be to leave the determination of the guilt of the accused to the whims and fancies of the Public Analyst. The Act would not countenance such abdication of its judicial function by the court, leaving the case-:-as it were-to be tried by the Analyst. It is for the court· to weigh his opinion and reach its own finding.
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In Dhanraj's case (supra) the High Court construed this subclause thus :
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· "The word 'otherwise' in sub-clause (f) of cl. (i) of sec. 2 does suggest that all the adjectives used earlier refer to the quality of the article being unfit for human consumption: To fall under that sub-clause an article of food must be unfit for human consumption because it consists wholly or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance or because it is insect-infested or on account of any _other cause."
If we may say so with respect, this is a correct exposition of the law embodied in s. 2(i)(f). We need only add for the sake of elucidation, but these adjectives indicate presumptive but not absolute criteria as to the quality of the article. In each case it must be proved that the article was unfit for human consumption. In the case of ar?cles for which the Rules lay own anr mimuil! standard of purity' with reference to any of the vices specified m this sub-clause; mere 2-Ll276SCI/75
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A proof of the fact that the impurity was in excess of that countenanced by the prescribed standard, would be conclusive to show that the article was unfit for human consumption.
In regard to cashewnuts there is no statutory provision prescribing any minimum standard of purity with reference. to the vice of insect-infestation or other adjectives used in this sub-clause. It will B therefore, be for the Judge of fact to decide upon the evidence in the case, whether the insect-infestation found was of such a nature and extent as to make it unfit for human consumption. We have already pointed out that the Report of the Public Analyst, i> admissible in proof of this fact.
In Dhanraj's case (supra), the High Court after holding that in c order to bring a case within the purview of the said sub-clause ( c,), it must be proved that the article is unfit for human consumption, proceeded to say something-which in our opinion is not correct-as to the proof of this issue, as under :
"By referring to Appendix B to the Prevention of Food Adulteration Rules, 1955 the learned counsel for the petiD tioners also urged that as for purposes of sub-clause ( 1) of clause (i) of section 2 no standard of quality had been prescribed for Kaju the Public Analysts were not justified in treating the samples found insect-infested above 5 % to be adulterated. There can hardly be any doubt that if for an article of fopd no standard of quality or purity has been prescribed or no limits have been prescribed for the variabiE lity of its constituents then sub-clause (f) of clause (i) of 5ection 2 will not apply and for considering whether or not the article is adulterated it will have to be seen if any other portion of the definition of "adulterated" is applicable. Of course as no standard of quality or purity was prescribed for Kaju it was not competent for any Public Analyst to himF self fix any such standard and to say that he will not treat Kaju which is insect-infested to the extent of 5 % as not adulterated but will regard any higher pe.rcentage of insectinfestation to make the article adulterated. Jn the case of Jagdish Prasad alias Jagdish Prasad Gupta v. State of West Bengal (1972-1, SCC 326), it was held by their Lordships of the Supreme Court that the standards of quality and limit~ G of variability fixed by Government are not even subject to alteration or variation by Courts."
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We are unable to agree with the proposition propounded by the High Court that if for any article of food no standard of quality or purity has been prescribed or no limits have been prescribed for the variability of its constituents, then sub-clause (f) of clause (i) ·of H sec. 2 will not apply.
As already discussed, the governing ingredient of sub-ciausc (f) is the quality of the article being unfit for human consumption. If the
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MUNICIPAL CORP. v. KACHEROO MAL (Sarkaria, J.)
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| .(iuality of the article suffers from any of the vices,_i.e._filthiness, put- refaction insect-infestation etc. this sub-clause wouldbeinexorably attracted andonproof of the article being unfit for human consump- tion, the requirements of the clause would be completely satisfied. Such proof may consist of the report of the Public Analyst. The value of his report however would dependonits being self-contained, |
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| .. an<lcomprising the necessary data and reasons for his opinion.Itis desirable that the Public Analyst should express his opinion on all the relevant points with reference to the particulat sub-clause or sub- ,cJauses of sec.2(i)of the Act. This will not only enhance the value ofhis report but also facilitate the task of the Court.lfitis merely .dogmatic, that would be a circumstance detracting from its evid.:ntial value, though it mayIi.otrender it inadmissible. Ultimately the deci- sionrests with the court which would take into account all the circum- stances of the case including the character of the at'ticle, the nature .and the extent of the insect-infestation and other relevant factors.If the Public Analyst says 'that since the insect-infestation in the Kaju piecesisless than 5 per cent, the sample,in_his opinion,isad111lterated' then all that can be said about itisthat the opinioni:,dogmatic.He should say with particularity as to how and why the pi:rcentage of insect-infestation foundbyhim renderstosample unfit for human consumption. The additional reasons which he might give, in addi- '!iontothe certain proportion of the sample being insect-infested, would enhance the value of his report, still further.Itisnot possible forus to speculate the reasons which the .Public Analystasan expert in the science might advance in support of his opinion. By giving the opinion that if the insect-infestationis above 5 per cent, the ·sample of Kaju pieces would be unfit for human consumption, the ·expert would not be laying down any standard of quality or limitsof variability which the Legislature in its wisdom has not prescribed. His -opinion would be just a piece of evidence which has to be evaluated by the Court in the circumstances of a particular case to reach a find- ing as' to the unfitness or otherwise of the sample for human consurnp- tion. Thequestion of varying any standard of qualityorlimits of -variability in the case of Kaju pieces does not arise because no such standard has been fixed either in the Act or in the rules framed there- under. Reference to what this Court said in_Jagdish Prasad Gupta's_ ·case_(ibid),_made bytheHigh Court was thus not in point. |
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[1'.)76j 2 S.C.R.
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SUPREME COURT REPOns
A The Public Analysts, as is apparent from the judgment of thelearned single Judge of the High Court have been expressing different opinions on different occasions as to when an article can be said to be 'insect-nfested'. 'rn the circumstances of this case therefore, it had become necessary to call the Public Analysts as witnesses to enable them to elucidate their opinion and amplify their report and to allow the parties to test it by cross-examination. For this purpose, on our B first reaction, we were inclined to remit the case to the High Court for redecision. But the learned Counsel for the Municipal Corporation has brought to oµr notice that the Public Analyst, Mr. Sudama Roy --whose report is in question-is po longer in the service of the Corporation and is not residing at Delhi. It is obvious that it will not be possible to procure Mr. Roy's attendance in court without an amount of delay and inconvenience which will be unreasonable in the circumc stances of the case and will cause undue hardship to the respondent who has hd more than his normal share of !he mental suffering, harassment and expens·~ which go together with protracted criminal proceedings, extending in the present case over 81 months. No use- ful purpose will therefore be served by remanding the case for a fresh decision. Taking into consideration all the circumstances of the case, we do not think it proper to disturb the acquittal of the respondent. D
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Subject to the clarification of the points of law and the reversal of the view taken by the High Court as to the meaning and scope of s. 2(i)(f), the appeal is dismissed. P.H.P. Appeal dismissed.
3 issues framed by the court
Whether an article is 'insect infested' under s. 2(i)(f) of the Prevention of Food Adulteration Act only if living insects are present.
Whether proof that a food article is unfit for human consumption is required before it is deemed adulterated under s. 2(i)(f) when no standard of purity is prescribed.
Whether the Public Analyst's report is conclusive on unfitness for human consumption.
Colour shows how this judgement treated each authority
Dhanraj v. Municipal Corporation of DelhiRelied on
Dhanraj v. Municipal Corporation of Delhi
Jagdish Prasad alias Jagdish Prasad Gupta v. State of West BengalDistinguished
Jagdish Prasad alias Jagdish Prasad Gupta v. State of West Bengal
4 provisions across 2 enactments
Municipal Corporation of Delhi
Kacheroo Mal
Sarkaria
Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
