VIJAY KUMAR versus STATE OF PUNJAB

VIJAY KUMAR versus STATE OF PUNJAB

'Elachi Dana' (including seeds) is covered by the standard requiring at least 1% volatile oil. The argument regarding infestation arising after sample collection is not supported by evidence, as such infestation could not reach 9.7% within 12 days. The appellant's goods were both insect-infested and deficient in...

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Parties
Appellant: Vijay Kumar; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
14 December 1973
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal dismissed. Conviction and sentence confirmed.
Legal Topics
Prevention of Food Adulteration, Standards for Food Purity, Public Health
Criminal Law Food Safety Prevention of Food Adulteration Standards for Food Purity Public Health

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Parties

Vijay Kumar

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether 'Elachi Dana' sold by the appellant was adulterated by being insect-infested and containing less than the prescribed percentage of volatile oil under the Prevention of Food Adulteration Act and Rules.

Ratio Decidendi

'Elachi Dana' (including seeds) is covered by the standard requiring at least 1% volatile oil. The argument regarding infestation arising after sample collection is not supported by evidence, as such infestation could not reach 9.7% within 12 days. The appellant's goods were both insect-infested and deficient in volatile oil, fulfilling the definition of adulteration under the Act. Sentencing discretion was exercised judicially, and no grounds exist for interference.

Court Disposition

Appeal dismissed. Conviction and sentence confirmed.

Orders

  • Conviction of the appellant under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, and sentence of rigorous imprisonment for six months and a fine of Rs. 1,000/- is confirmed.
  • Appeal dismissed.