Case Note & Summary
The State of Maharashtra appealed against the acquittal of the respondent-accused, Mangala Badkhal, proprietor of M/s. Sweta Spices Industries, for offences under the Prevention of Food Adulteration Act, 1954. The Food Inspector collected samples of black pepper from the accused's firm on 28 November 1995. The first sample sent to the Public Analyst, Nagpur, confirmed to standards. However, a second sample sent to the Public Health Laboratory, Pune, reported that the sample was coated with mineral oil in contravention of Rule 44AAA of the Prevention of Food Adulteration Rules, 1955. The trial court acquitted the accused, holding that Clause A.05.17 of Appendix B to the Rules permits extraneous matter including dust, stalks, leafy matter and other foreign matter up to 3% by weight, and mineral oil is a foreign matter. The court reasoned that unless the prosecution established that the percentage of mineral oil exceeded 3%, contravention of Rule 44AAA was not proved. The High Court, in appeal, upheld the acquittal, agreeing with the trial court's interpretation that mineral oil falls within the definition of foreign matter under Clause A.05.17, and the prosecution failed to prove the percentage exceeded the permissible limit.
Headnote
A) Prevention of Food Adulteration - Rule 44AAA - Coating with Mineral Oil - Clause A.05.17 of Appendix B permits extraneous matter including dust, stalks, leafy matter and other foreign matter up to 3% by weight. Mineral oil is a foreign matter. Unless the prosecution establishes that the percentage of mineral oil exceeds 3%, contravention of Rule 44AAA is not proved. The trial court's acquittal was upheld. (Paras 2-3)
Issue of Consideration
Whether the presence of mineral oil on black pepper constitutes an offence under Section 7 read with Rule 44AAA of the Prevention of Food Adulteration Rules, 1955, when Clause A.05.17 of Appendix B permits extraneous matter up to 3% by weight.
Final Decision
The appeal is dismissed and the acquittal of the respondent is upheld.
Law Points
- Mineral oil is extraneous matter
- Clause A.05.17 of Appendix B permits extraneous matter up to 3% by weight
- Rule 44AAA prohibits coating with mineral oil but must be read with Appendix B
- burden on prosecution to prove percentage exceeds 3%
