Indian Kanoon - Search engine for Indian Law

"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%."

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 Food Adulteration Act, 1954 (herein after 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, 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 'insect infested". According to him, "the intention of the legislature by using this word in s. 2(i)(f) in the sentence 'if the article is insect infested' clearly is that at the time of analysis infestation by insects . should be present". It was further observed that if only dead insects were-present, the sample could be called 'insect-damaged' and not in sect-infested'. Since the report of the Public Analyst did not show r the presence of living insects in the Kaju sample pieces, it was concluded that the same could not be said to be 'adulterated'. On this reasoning, the revision-petition was allowed and the conviction of Kacheroo Mal was set aside. Hence this appeal, by the Municipal Corporation of Delhi.

Having heard the learned Counsel 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 Dhanraj v. Municipal Corporation of Delhi.(1) Indeed, Mr. D. Mukherji, the learned Counsel for Kacheroo Mal has not tried to support it.

The Act has been enacted to curb and remedy the widespread evil of food-adulteration, and to ensure the sale af wholesome food to the people. It is well-settled that wherever possible, without unreasonable stretching 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 commonsense to say that an article of food which is infested with f 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. The expression 'insect-infested' is to be construed in the context of an article of food meant for human consumption. It takes its hue from the phrase 'unfit for human consumption' occurring at the end of the subclause. Thus construed, it means that the article so abounds in insects, dead or living, that it is rendered unfit for human consumption. We need not labour the point further. It has been lucidly brought out by Jagjit Singh J. who spoke for the Bench of the High Court in Dhanraj's case (supra) at page 688 of the report. We fully approve that reasoning and would extract it here:

especially for-"insects which attack plants, grain, etc. in large swarms". Thus-an article of food would be "insectinfested", if it has been attacked by insects in swarms or 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 reason those insects die, the mere fact that the article of-food has; no longer living insects but has dead insects will not 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 the articIe to be 'adulterated' within the meaning of sub-clause (f) of clause (i) of sec. 2 of the Act.