Holding

The sale of adulterated gingelly oil, even if expressly stated to be for external use, is punishable under section 16(1)(a)(i) read with section 2(1)(a) of the Prevention of Food Adulteration Act, 1954.

Summary

The State of Tamil Nadu appealed the acquittal of R. Krishnamurthy, who had sold gingelly oil adulterated with 15% groundnut oil and claimed it was for external use only. The trial court convicted him under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, but the Sessions Judge and High Court acquitted him, holding that liability required proof the oil was sold for human consumption. The Supreme Court examined the statutory definitions of "food" and "sale" and held that an article commonly used for human consumption is "food" irrespective of the seller’s intended use, and that the definition of "sale" is broad enough to include sales for external use. Consequently, the Court affirmed that the sale of the adulterated oil was punishable under the Act. The appeal was dismissed.

Issues considered

Whether the sale of adulterated gingelly oil intended for external use falls within the definition of "sale of food" under the Prevention of Food Adulteration Act, 1954.
Whether gingelly oil, even when mixed with groundnut oil and sold for external use, qualifies as "food" within the meaning of section 2(v) of the Act.
Whether the statutory definition of "sale" under section 2(xiii) includes sales for purposes other than human consumption, such as external use or analysis.

Legislation cited

Prevention of Food Adulteration Act, 1954s. 16(1)(a)(i), s. 2(1)(a), s. 2(v), s. 2(xiii), s. 7(i)

Subjects

food adulterationdefinition of fooddefinition of salegingelly oilexternal usecriminal liabilityPrevention of Food Adulteration Act

Judgment

59

STATE OF TAMIL NADU A'
v.
R. KRISHNAMURTHY
November 15, 1979
(R. S. SllRKARIA AND 0. CHINNAPPA REDDY, JJ.] B J
Prevention of Food Adulteration Act, 1954 (37 of 1954), Ss. 2(1)(a) &

·'t.
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,
- .
.

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.
D'
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
••.l .defence of the respondent and being of the view that .the respondent could not
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

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. .
c 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]
D 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 inform him that it was not for human coosumption
and thereby insure himself against prosecution for selling adulterated food.
) "
E If sale for analysis is an unqualified sale for the purposes of the Act, there is·
no reason why other sales of the same article should not be sales for the·
purposes of the Act. l66 B·CJ

Mangaldas v. State of Maharashtra, AIR 1966 SC 128 referred to.

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 236 of .
F 1973.
Appeal .by Special Leave from the Judgment and Order dated
18-1-1972 of the Madras High Court in Criminal Appeal No. 896/7.0. .;
A. V. Rangam for the Appellant. ,
A. T. M. Sampath for the R,espondent.
G The Judgment of the Court was delivered by
CHINNAPPA REDDY, J. Gingelly oil mixed with 15% of groundnut
oil was sold as gingelly oil by the respondent to the Food Inspector,
Thanjavur Municipality. The defenee of the respondent was that he
•
kept the oil in his shop to be sold, not for human consumption, but,
1 B for external use. The Trial Magistrate did not accept the defence. •
He convicted him under s. 16(1)(a)(i) read with s. 2(f}(a) of tlie-
I I
Food Adulteration Act and sentenced him to suffer imprisonll!ent tiU
TAMIL NAD!J v. R. KRISHNAM!JRTHY (C/Unnappa Reddy,!.) 61

'the risi'.ng of the Court and to pay a fine of Rs. 200. On ap~al, A
1he learned Sessioµs Judge accepted the defence of the respondent
and acquitted ]l_im to the charge. According to the learned Sessions
Judge, the respondent could not be convicted unless it was established
that the sale of the gingelly oil was for human consumption. The
' 'State of Tamil Nadu preferred an appeal to the Madras High Court .

'
The High Court confirmed the order of acquittal. The State of Tamil
Nadu has filed this appeal by special leave of this Court. The learned
•
' counsel for the State of Tamil Nadu made it clear to us at the hearing
that the State was not anxious, at this di§tance of time (the occur-
rence was on 26-5-69) to secure a conviction, but was anxious that
the legal position should be clarified. We accordingly proceed to do
·so.
c '
Section 16(1) (a) (i) as it stood at the relevant time was as
follows:-
"16. (1) If any person-
( a) whether by himself or by a'ny other person on his behalf o,
imports into India or manufactures for sale, or stores,
sells or distributes any article of food-
(i) which is adulterated or misbranded or the sale of which
is prohibited by the Food (Health) authority in the
interest of public health;
E
~ xx xx xx xx
,'.:) he shall, in addition to the penalty to which he may be
liable under the provisions of section 6, be punishable with
imprisonment for a term which shall not be less than six
mo'.tiths but which may extend to six years, and with fine P'
which shall not be less tl,ian one thousand rupees :

Provided that-
.(i) if the offence is under sub-clause (i) of clause (a).
and is with respect to an article of food which is adul-
terated under sµb-clause (1) of clause (i) of section G
2 or misbranded under sub-clause (k) of clause (ix)
of that section; or
' {ii) if the offence is 1!llder sub-clause (ii) of clause (a),
the court may, for any adequate and special reasons to
be· mentioned in the judgment, impose a sentence of H
imprisonment for a term of less than: six months or of
fuie of less than one thousand rupees or of both impri-
62 SUPREME COURT REPORTS [1980] 2 S.C.R.

'A sonment for a term of less than six months and fine of
less than 0ne thousand rupees."
Section 7 is also relevant abd it was as follows : -
"7. No person shall himself or by any JJ~rson on his behalf . ,
manufacture for sale, or store, sell or distribute-
B
(i) any adulterated food;
(ii) any misbranded food;
(iii) any article of food for the sale of which a licence is
prescribed, except in accordance with the conditions
c of the licence.
(iv) any article of food the sale of which is for the time beillg
prohibited by the Food (Health) Authority in the
interest of public health; or

D
(v) any article of food in contravention of any other pro-
vision of this A9t or pf any rule made thereunder."
"Food" is defined by s. 2(v) as meaning "any article" used all'
food or drink for human consumption other titan dru~ and water
and includes- f
, E "(a) any article which ordinarily enrers into, or is used
in the composition or preparation of human food, and
(b) any flavouring matter or condiments."
"Sale" is defined by s. 2(xiii) as follows :-
, F "Sale" with its grammatical variations and cognate expres-
sions, means. the sale of any article of food, whether for
cash or on credit or by· way of exchange and whether by
wholesale or retail, for human consumption or use, or for
analysis, and includes an agreement for sale, an offer for •
sale, the exposing for sale or having in possession for sale
G of any such article, and includes also an attempt to sell any
such article;"

Section 16(1) (a) (i) read with s. 7{i) prohibits and penalise&
the sale of any article of food which is adulterated or misbranded
etc. The question for consideration is whether the sale of adulterat-
' H ed gingelly oil which is sold or offered for sale ·for external use is
sale of a'n article of food which is adulterated. This must depend
i:ipon the definitions of "sale" and "food" ill the Act
TAMIL NADU v. R. KRISHNAMURTHY (Ohinnappa Reddy, J.) 63

According to the definition of "food" which we have extracted A
above, for the purposes of the Act, any article used as fooo or drink
for human consumption and any article which ordinarily enters into
or is used in the composition or preparation of human food is "food".
It is not necessary that it is intended for human consumption or for
preparation of human food. It is also irrelevant that it is described
or exhibited as intended for some other use. It is enough if the B
' article is generally or commonly used for human consumption or in
the preparation qf human food. It is: µotorious that there are,
unfortunately, in our vast country, large segments of population, who,
living as they do, far beneath ordinary subsistence level, are ready
to consume that which may otherwise be thought as not fit for ·
human consumption. In order to keep body and soul together, they c
are often tempted to buy and use as food, articles which are adulterat-
ed and even unlit for human consumption but which are sold at
inviting prices, under the pretence or without pretence that they are
intended to be used for purposes other than human consumption. It
is to prevent the exploitation and self-destruction of these poor, igno-
D
rant and illiterate persons. that the definition of "food" is couched
in such terms as not to take into account whether an article is intended
for human consumption or not. In order to be "food" for the pur-
poses of the Act, an ~rticle need not be "fit" for human consump-
tion; it need not be described or exhibited as intended for human
collS'Umption; it may even be otherwise described or exhibited; it E
need not even be :necessarily intended for human consumption; it is
enough if it is generally or commonly U8ed for human consumption
or in the preparation of human food. Where an article is generally
or commonly not used for human consumptidn or in the preparation.
of human food but for some other purpose, notwithstanding that it
may be cap~bfo of being used, on rare occasions, for human consump- F
tion or in t11e preparation of human food, it may be said, dependi'ng
on the facts and circumstances of the case, that it is not "food". In
such a case the question whether it is intended for human consump-
tion or in the prnparation of human food may become material. But
where the article is one which is generally or commonly used for
human consumption or in the preparation of human food, there can G
be no question but that the article is "food". Gingelly oil, miired or
' ' not with gronnd'.nut oil or some other oil, whether describe<l or
. exhibited as an article of food for human consumption or as an article
for external use only is "food:' within the meaning of the definitiol<!
contained in s. 2(v) .of the Act.
H
Most of tl)e High Courts appear to have 50 understood the
meaning of the word "food", though there appears to have been some
64 SUPREME COURT REPORTS ~1980}_ 2 s.c.R.

.A "
confusion because of a misunderstanding of certain observations of
this Court in Andhra Pradesh Grain & Seed Merchants' Association
v. Union of India(') and Shah Ashu JaiwaJJI v. State of Maha-
rashtra(2).

In the first case it was observed : -
•
"We are again unable to accept the argument that under
the Act even when an article is purchased not as an article '
of food, but for use otherwise, the vendor will be deemed
gllilty if the article does not conform to the prescribed stand-
ards, or is as an article of food adulterated or misbranded.
c Counsel said that coconut oil is used in the State of Keiala
as a cooking medium, and sale of adulterated coconut oil
may in Kerala be a'n offence under s. 16, but in other parts
of tbe country where coconut oil is not used as a cooking
medium and is used as a component of hair oil or for othec
purposes, it amounts to imposing an unreasonable restriction
D to penalise the vendor who sells coconut oil knowing that the
purchaser is not buying it as a cooking medium. But there
are no articles which are used as food only in one part, and
are not at all used l!S food in another part of the country.
Even coconut oil is used as a cooking medium by certain
j
sections of the people in parts of India other than Kerala.
E
In any event it is .always open to a person selling an article
capable of being used as an article of food as well as for
other purpose to inform the purchaser by clear notice that
the article sold or supplied is J).Ot intended to be used as an
article of food. What is penalised by s. 16 ( 1) is importa-
F tion manufacture for sale, or storage, sale or distribution of
any article of food. If what iS imported manufactured or
stored, sold or distributed is not an article of food, evidently
s. 16 can have no application."
'•
In the second case, it was observed : -
G "Hence, where Section 7 prohibits manufacture, sale or
storage or distrib.ution of certain types of "food'', it neces-
sarily denotes articles intended for human consumption as
foqd. It becomes the duty of the prosecution to prove that '
the article which is the subject-matter of an offence is ordi-
narily used for hunian consumption as food whenever reason-
H
(!) [1971] I $.C.R. 166. I
(2) [1976] 2 s.c.c. 99.
TAMIL NADU v. R. KRISHNAMURTHY (Qhinnappa Reddy, !.) 65

able doubts arise on this question. It is self-evident that A
certain articles, such as milk, or bread, or butter, or food-
grains are meant for human consumption as food. These
are matters of common knowledge. Other articles may be
presumed to be meant for human consumption from repre-
sentations made about them or ~rom circumstances in which
they are offered for sale." B

The seeming confusion created by the observations in the two

L .cases will disappear if they are properly undei;stood in the context
in which they were made. In the first case the Court was considering
the argument based upon the supposition that there might be articles
which were "food" somewhere and not "food" elsewhern. The Court c
first remarked that there were no articles which were used as food
·only in cme part, and were not at all used as fooq in another part of
the country. In such an unlikely event, the person selling the article
could inform the purchaser that the article sold Wl!s not meant to be
·used as an article of food. If prosecuted he could establish that in
D
that area what he sold was not an article of food at all. That was
all that was observed. If the expression "food" is understood as
we have explaine~ earlier, the1'<' would be no· occasion for any con-
fusion.

The observations in the second case are in accord with what we
have said. The Court merely observed tba~ if there was any doubt in
E
-a particular case whether an article was ordinarily nsed for human
consumption in order to fall within the definition of "food", the pro-
c secution would have to prove the same
That gingelly oil, however describev or exhibited, is an article
of food is not an end of ff\lr problem. We have further to investi- F
gate the definition of "sale". Now, the definition is designedly wide.
It seems a real sale as well as an 'embryonic' sale (like agreement
•for sale, offer for sale, exposure for sale, possession for sale, attempt
at sale) are sales for the purposes of the Act. The sale may be for
cash or credit or by way of exchange. The sale may be by whole-
G
sale or retail. Thus every kind, manner and.method of sale are cover-
ed. Finally, the sale may be "for human consumption or use, or for
.analysis". In the context, these words can only mean 'whether for
human consumption or for any other purpose (including analysis)'.
The object is to emphasise that whatever be the purpose of the sale it
is a sale for the purposes of the Act, just as the words "whether H
ty wholesale or retail" or "whether for cash or credit or by way
.of exchange" are intended to emphasise that it is immateri~l for the
66 SUPREME COURT REPORTS (1980] 2 s.c.R.

A purposes of the Act what manner and method of sale is adopted.
To give any other interpretation to the definition of "sale" would be
to exclude from the ambit of the Act that which has been iucluded
by the definition of "food". Further, a sale "for analysis" can
never be a sale "for human consumption" but it is nonetheless a sale
within the meaning of the definition. It is an unqualified sale for
B the purpooes of the Act. To insist that an article sold for analysis
should have been offered for sak for human c011sumption would
frustrate the very object of the Act. A person selling an adulterated
sample to a Food Inspector c9uld invariably inform him that it was·
not for human consumption and thereby insure himself against pro-
secution for ·selling adulterated food. If sale· for analysis is an un-
c qualified sale for the purposes of the Act, there is no reason why
other sales of the same article should not be sales for the purposes
of the Act. The question may be asked why sale for analysis should
be specially mentioned if all manner of sales are included in the-
definition. It is only to prevent the argument that sale for analysis
D is not a consensual sale and hence no sale, an argument which was
advanced and rejected in Mangaldas vs . .State of Maharashtra(').

We are therefore of the opinion that the sale of gingel!y oil mixed
with groundnut oil is punishable under s. 16(1) (a)(i) read with
s.2(1)(a) notwithstanding the fact that the seller had expressly stated
E at the time of sale that it was intended for external use only. We
declare the illegal position as indicated in the earlier paragraphs but
we refrain from passing any further order in the appeal which we
accordingly dismiss. We have not referred to any of the decisions
of the '{arious High Courts which were considered by us and all of
which, we may add, have been studiously collected and scrupulously
F considered by Madhusudana Rao, J. in Public Prosecutor v. Rama
Chandra Raju( 2 ).

N.V.K. Appeal iismissed.

(I) A.LR. 1966 S.C. 121
(2) [1977] I An. W.R. 356