Telangana High Court
Kuruvella Chinna Krishna Murthy, vs The Assistant Food Controller And Local ... on 7 June, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 7743 OF 2010
AND
WRIT PETITION No. 28853 OF 2011
COMMON ORDER :
Petitioners seek to quash the proceedings in
C.C.No. 73 of 2010 on the file of the I Additional Judicial I Class
Magistrate, Kothaguem, including their arrest.
2. The brief facts are:
Petitioner in Writ Petition No. 7743 of 2010 claims
to be the Proprietor of M/s Abhishek Enterprises and carrying
on business of tea for more than three decades. In Writ Petition
No. 28853 of 2011, petitioner is Proprietor of M/s Sri Laxmi
Kirana & General Stores. It is stated that based on the alleged
analysis report dated 25.06.2009 prepared by the Public Analyst
under the Food Adulteration Act, 1954 (for short, 'the Act'), the
above Calendar Case was booked for the offence under Section
16(1)(a)(i) on the ground that tea samples collected from M/s Sri
Laxmi Kirana & General Stores, Julurupadu (V&M), Khammam
District contained iron filings to an extent of 118.73 parts per
million.
According to petitioners, neither the Act nor any
other law prohibits presence of iron filings in tea powder.
Section 16(1)(a)(i) only mandates that if any person
manufactures adulterated food, is liable to be punished under
the provisions of the said Act. The word 'adulteration' referred to
in the above provision refers to a deliberate action on the part of
the manufacturer to adulterate tea to gain undue and unlawful
enrichment. Normally, iron filings which are found in tea, is
less than 1 gram per 1000 grams of tea.
It is brought to the notice of this Court that the
Ministry of Health and Family Welfare, Government of India has
clarified that the maximum limit of iron filings in tea should be
250 ppm in 1000 grams. As a matter of fact, the above issue of
existence of iron filings in tea has fallen for consideration before
this Court in Criminal Appeal No. 454 of 1999, wherein by order
dated 10.12.2002, it was held that if the iron filings are below
250 ppm, it cannot be treated as adulteration in terms of the
provisions of the Act. Various other High Courts which
considered the said issue also held that presence of iron filings
up to 250 ppm is not injurious to health, therefore it cannot be
treated as adulteration in terms of the provisions of the Act.
The case of petitioners is that admittedly, the iron
filings found in the tea samples obtained from M/s Sri Laxmi
Kirana & General Stores is 118.73 ppm. Hence, contends that
the charge alleged against them would amount to violation of
the provisions of the Act and there is no justifiability in
continuing the proceedings of prosecution launched against
them in C.C.No. 73 of 2010.
3. This Court while taking cognizance of the Writ
Petition No. 7743 of 2010, by order dated 08.04.2010, observed
that prima facie case and balance of convenience are in favour of
petitioner, hence, granted interim stay as prayed for, pending
further orders. In view of the said order, on 28.10.2011, interim
stay was granted even in Writ Petition No. 28853 of 2011.
4. Till date, the respondent had not contradicted the
averments of petitioners in both the Writ Petitions. Since Writ
Petitions are of 2010 and 2011, this Court deems it appropriate
to proceed with the matter on merits.
5. Heard Sri K. Vasudeva Reddy, learned counsel for
petitioners as well as learned Government Pleader for
Agriculture.
6. The issue is no more res integra. This Court had
already dealt with the subject in Food Inspector, Warangal, rep.
by Public Prosecutor, High Court of A.P v Alleni Tulsi Ram
(Criminal Appeal No. 452 of 1999) and vide judgment dated
10.12.2002, held as under:
...........The only contention raised by the learned advocate for the accused is
that no complaint is maintainable in view of the directions given by the Central
Government with regard to the limit of iron filings in respect of tea dust. It is no
doubt true that the Central Government cannot issue any directions contrary to the
provisions contained in the Act and the Rules made there under. Item No. A-14 in
Appendix B of the Act does not reveal about the values to be present in respect of
iron filings. Consequently, if the Central Government gives any direction to the state
Governments under Section 22-A of the Act not in contravention to Item No.A-14 in
Appendix B of the Act, it cannot be said to be in-proper direction. As seen from the
direction given by the Central Government, the maximum limit of 250 parts per
million in respect of iron filings may not be injurious to the human system and
therefore, the prosecution need not be launched within such prescribed limit. As
seen from Ex.P-20, the values obtained in respect of tests done are within the
prescribed limits in sofar as iron filings are concerned, the value obtained is 217.69
PPM. But according to the Public Analyst it should be absent. There is no mention in
Item No.A-14 of Appendix B that iron filings should be absent. In view of the
directions of the Central Government the Values of iron filings are within the
prescribed limits. The learned counsel relied upon two decisions which were also
referred to by the Court below in Brook Bond Tea India Ltd., v. State of Himachal
Pradesh (1) 1984 CLJ 1201 wherein His Lordship held that not only the
prosecutions were launched in violation of the statutory directions of the Central
Government but also without any foundation inasmuch as the samples of tea were
not adulterated within the meaning of the Act. To the same effect is the decision in
M/s. Nisha Tea Company and others v. The State (2) 1985 CLJ 1188, wherein it
was held that it is abuse of the process of law that when the Central Government,
on the one hand, is of the definite view that the person carrying on the trade of tea
cannot be blamed on account of the existence of iron filings to the extent of
tolerance limit, as specified in the latest letter dated 5th April 1984, yet complaint
must be filed against them for punishing them for adulteration of tea. It is with a
view to avoid that abuse of process of law that it is necessary that the inherent
powers of this Court should be exercised" .
7. In view of the above two ruling, the lower Court found that the
sample is not adulterated within the meaning of Section 2(ia) and (b) of the Act. As
the finding of iron filings in the sample are within the permissible limits, it cannot
be said that the article of food is adulterated. There are absolutely no grounds to
interfere with the order of acquittal passed by the Court below.
7. In the instant cases also, collecting samples of tea
from Ms/ Sri Laxmi Kiran and General Stores is not in dispute.
The only contention of petitioners is that the iron filings found
in tea power is within the maximum limit of 250 parts per
million and it is not injurious to the human system; therefore,
prosecution need not be launched. In those circumstances,
taking into consideration the above said judgment, as the iron
filings are within the permissible limit, it cannot be said that the
article of food is adulterated.
8. The Writ Petitions are therefore, allowed. The
proceedings initiated in C.C.No. 73 of 2010 on the file of the I
Additional Judicial I Class Magistrate, Kothagudem, Khammam
District in respect of both the petitioners are hereby quashed.
No costs.
9. Consequently, the miscellaneous Applications, if
any shall stand closed.
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NAGESH BHEEMAPAKA, J
07th June 2024
ksld
