Case Note & Summary
The case involves a criminal revision application filed by the Food Inspector against the judgment and order dated 05.10.2010 passed by the learned Sessions Judge, Surat in Criminal Appeal No. 11 of 2005, which acquitted the respondents of charges under the Prevention of Food Adulteration Act, 1954. The applicant sought to quash the acquittal and restore the conviction recorded by the trial court on 30.03.2005 for an offence committed in the year 2002. The core legal issue was whether the appellate court erred in acquitting the accused despite proof of contravention of the Prevention of Food Adulteration Act. The applicant argued that the appellate court wrongly relied on Nemi Chand v. State of Rajasthan, which was not applicable to the facts. However, the High Court, after hearing both sides and perusing the record, found that the Public Analyst's report indicated the food article was substandard but not injurious to health (unsafe category). The court applied the principle from Nemi Chand v. State of Rajasthan and Triloki Chand v. State of Himachal Pradesh, holding that substandard food not falling within the unsafe category attracts only penalty or fine under the Food Safety and Standards Act, 2006, and not conviction under the Prevention of Food Adulteration Act. Consequently, the High Court found no error in the appellate court's judgment and dismissed the revision application, upholding the acquittal.
Headnote
A) Food Adulteration - Substandard Food - Penalty vs. Conviction - Prevention of Food Adulteration Act, 1954 and Food Safety and Standards Act, 2006 - The court considered whether conviction under the Prevention of Food Adulteration Act is sustainable when the food article is substandard but not injurious to health. Relying on Nemi Chand v. State of Rajasthan and Triloki Chand v. State of Himachal Pradesh, the court held that substandard food not falling in the unsafe category attracts only penalty or fine under the Food Safety and Standards Act, 2006, and not conviction. The appellate court's acquittal was upheld. (Paras 4-5)
Issue of Consideration
Whether the appellate court erred in acquitting the accused when contravention of the Prevention of Food Adulteration Act was proved, but the food article was substandard and not unsafe.
Final Decision
The High Court dismissed the criminal revision application, upholding the judgment and order dated 05.10.2010 passed by the learned Sessions Judge, Surat in Criminal Appeal No. 11 of 2005, thereby affirming the acquittal of the respondents.
Law Points
- Substandard food not injurious to health attracts only penalty under Food Safety and Standards Act
- 2006
- not conviction under Prevention of Food Adulteration Act
- 1954
- Nemi Chand v. State of Rajasthan
- (2018) 17 SCC 448 applied
- Triloki Chand v. State of Himachal Pradesh
- (2020) 10 SCC 763 followed
