WHETHER ACCUSED CAN BE CONVICTED EVEN IF ADULTERNANT IN A FOOD ITEM IS NOT INJURIOUS TO HEALTH?

 PREVENTION OF FOOD ADULTERATION ACT, 1954 - SECTIONS 2(ia) (m) (b), 2(i) (ia) (a) (b) AND (e), ADULTERNANT IN A FOOD ITEM NOT INJURIOUS TO HEALTHIs conviction sustainable in such cases-HELD-Section 2(ia) (m) (b) of the Act is an exception, wherein it makes clear that if such item is not injurious to health, it cannot be termed as adulterated. Therefore, for the purpose of basing a conviction it must be established that the article or food item seized was subjected to chemical examination and should clearly disclose such an item is adulterated by mixing with any foreign element.

Karnataka High Court

H.L. Nellashekara vs The Food Inspector Primary Health ... on 16 December, 2005

Equivalent citations: 2006 CriLJ 1561, 2006 FAJ 213, ILR 2006 KAR 933, 2006(2)KCCR792

Bench: N Veerabhadraiah

Read full judgment here;click here 

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