S.19(2) Food Adulteration Act | Vendor Not Liable For Articles Purchased From Manufacturer With Written Warranty: Gujarat High Court

The facts of the case were that the Accused, the owner of Didar Traders, was visited by a Food Inspector Officer when he took a sample of the chili powder worth 450 grams for the purpose of analysis. After necessary examination, it was found that the chili powder contained wheat starch and artificial colour and therefore, it was adulterated.

The Complainant obtained necessary sanction from the Local Health Authority to lodge a complaint against the Accused. However, the Judicial Magistrate acquitted the Accused after examination of evidence. The State preferred the instant appeal.

The Respondent-Accused argued that as per Section 19(2), it was the manufacturer who was responsible for the adulteration and not the retailer or whole-seller. Reliance was placed on State of Gujarat Vs. Ramesh Chandra Gandalal Shah and others 2015 Law Suit (Guj) 908 to contest that if the warranties and invoices could be produced then the manufacturer was responsible and not the others.

Before venturing into the merits of the case, Justice AC Joshi referred to Mallikarjun Kodagali (Dead) represented through Legal Representatives v. State of Karnataka and Others, (2019) 2 SCC 752 and a catena of judgements to emphasise the limited nature of interference of criminal appeals and the presumption of innocence which was attached to every Accused person.

As regards the merits of the case, Justice Joshi opined thus:

"Pursuant to the plain reading of Section 19(2) of Act, 1954, Vendor shall not be deemed to have committed any offence. If he has purchased the article of food in any other status from any manufacturer, distributor or dealer with written warranty in the prescribed form, this Court is of the opinion that the learned Judicial Magistrate has rightly acquitted the accused persons."

Upon re-appreciation of the evidence, the High Court concluded that the Accused persons were not responsible for the charges levelled against them. Accordingly, the order passed by the Magistrate was confirmed.

Case Title: STATE OF GUJARAT - THRO' B.M PATEL, FOOD INSPECTOR v/s NAUSHADALI NAJARALI DHANANI C/O DIDAR TRADERS & 1 other(s)

Case No.: R/CR.A/503/2013

Citation: 2022 LiveLaw (Guj) 245

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