STATE OF TAMIL NADU versus R. KRISHNAMURTHY

Citation: [1980] 2 S.C.R. 59 · Decided: 15-11-1979 · Supreme Court of India · Bench: R.S. SARKARIA · Disposal: Dismissed

cites 1 · see the full citation network in Lexace

Judgment (excerpt)

-
. ·'t 
. 
•• 
.l 
STATE OF TAMIL NADU 
v. 
R. KRISHNAMURTHY 
November 15, 1979 
(R. S. SllRKARIA AND 0. CHINNAPPA REDDY, JJ.] 
59 
Prevention of Food Adulteration Act, 1954 (37 of 1954), Ss. 2(1)(a) & 
16(1)(a)(i)-Scope of-Gingelly oil mixed with 15 per cent groundnut oil-
:Sold or offered for sale for external use-Whether sale of an article of food 
~hich is adulte~ate.d, 
. 
A' 
B J 
fJ'ords & phrases-'Food'-'Sale'-meaning of-Preventfon of Food Adut. 
C 
lefation 4.ct, 1954. s,. 2(v), 2(xiii). 
The prosecution alleged .that gingelly oil mixed with 15 per cent of ground· 
nut oil was sold a• gingelly oil b)l the respondent to tho Food Inspector. The 
.defence of the respondent was that he kept the oil in his shop. to be sold not 
·(or consumption but for external use. 
The Trial Magistrate did not accept the defence and convicted the respon~ 
.dent under section 16(1 )(a)(i) read with section 2 (1) (a) of the Prevention of 
ifi'ood Adulteration ACt, 1954 and sentenced him to suffer imprisonment till the 
rising of the court and to pay fine. 
On a,Ppeal the Sessions Judge, accep~d the 
.defence of the respondent and being of the view that .the respondent could not 
D' 
be convicted unless it was established that the sale of gingelly oil was for human 
consumption, acquitted him of the charge. The High Court confirmed 
the 
E 
. ori<fer vtC acquittal. 
In the appeal to this Court, on the question whether the sale GI adulterated 
gingelly oil which is ·sold or offered for sale for external use, is 
sale of an 
article of food which is adulterated, 
HELD : 1. The sale of gingelly oil mixed with groundnut oil is punishable 
F · 
under section !6(1)(a)(i) read with section 2(1)(a) .notwithstanding !he fact 
that the seller had expressly stated at the time of sale that it was intended for 
external uso only. [66 'EJ 
2. According to the definition of "food" in S. 2(v) for' the purposes of the 
Act: any article used as food or drink for human consumption and 1any article 
which ordinarily enters into or is used in the consumption or preparation of 
G ',, 
human food is "food". It is not necessary that it is intended for human con-
sumption or for prepar3.tion of human food. 
It is also irrelevant that 
it 
is 
. described or exhibited as intended for some other use. It is enough if 
the 
article is generally or commonly used for human consumption or in the prepara-
·tion of humu food. 
[63 A-BJ 
' 
3. To prevent the exploitation and self-destruction of poor, ignorant and TI!ite· 
rate persons the definition of "food"- is couched in such terms as not to take 
II 
into account whether an article is intended for human consumption or not. In 
·order to be ''food" for the purposes of the Act, an article need not be "fit" for 
60 
SUPREME COURT REPORTS 
[1980]' 2 s.c.R; 
· A 
human consumption; it need not be descn'bed or exhibited as intended for 
human consumption; it may even be otherwise described or exhibited; it need 
f 
not _even be necessarily intended for human consumption; it is enough if it is 
generally or commonly used for human consumption or in the preparation of 
human food. 
[63 D-E] 
4. Gingel!y oil, mixed or not with grouodnut oil or some other oil, whether 
• B 
1escribed or exhl"bited as .,, article of food for human coosumption or as an 
article for external use only is "food" within the meaning of the definition; con-
tained in s. 2(v) of the Act. [63 GJ 
c 
D 
E 
F 
Andhra Pradesh Grain & seed Merchants' Association v. Union of' 
India 
[1971] 1 SCR 166; 
Shah Ashu Jaiwant 
v. 
State of Mahorashtra [1976] 2 
sec 99 explained. 
. 
5. The definition of "sale" is designedly wide. 
A real sale as well as an 
'embryonic' sale (like agreement for sale, offer for sale, exposure for 
sale~ 
possession for sale, attemp~ at sale) are sales for the purposes of the Act. The 
sale may be for cash or credit. or by way of exchange, or it may be by whole-
sale or retail. Thus every kind; manner and method of sale are covered. The· 
sale may be "for human consumption or use, or for analysis". [65 F-G] 
6. A sale "for aB.alysis'' can never be a sale ''for human consumption" but 
it is nonetheless a ,.~ale within the meaning of the definition. It is an unqualified 
sale for the purposes of the Act To insist that an article sold for analysis 
should have been offered for sale or human consumption would frustrate the 
very object of the Act. 
A person selling an adulterated sample to a Food. 
Inspector could invariably infor

Excerpt shown. Read the full judgment & AI analysis in Lexace.