ORDER S. Malik, J. - This is an application u/s 561-A Code of Criminal Procedure by M/s. Khedan Lal and sons through its Managing Partner Shri Vishwa Nath Prasad Jaiswal praying that the criminal proceedings pending against the Applicant u/s 7 read with Section 16 of the Prevention of Food Adulteration Act in the court of the Magistrate 1st Class at Kanpur be quashed. 2. The facts not in dispute are that the Applicant manufactures, sells, stores, supplies and distributes chewing tobacco. It is alleged that Food Inspector Gupta of Nagar Mahapalika, Kanpur took for analysis on payment according to law prepared chewing tobacco on 17-12-1966 which was being offered for sale by one Rangi Lal in Colonelganj, Kanpur. The tobacco had been manufactured by the Applicant. One third of the sample sent to the Public Analyst was reported to be adulterated as the tobacco was found to have been coloured with coal tar dye, the use of which was prohibited in colouring foodstuffs under the Prevention of Food Adulteration Act. 3. It was urged on behalf of the Applicant that as chewing tobacco is not food within the meaning of the Prevention of Food Adulteration Act, even if it be assumed that the prosecution allegations are correct, the proceedings are liable to be quashed as there could be no prosecution under the Prevention of Food Adulteration Act in respect of an article coloured with the said colouring material which was not food under the Prevention of Food Adulteration Act. There could be prosecution under the Prevention of Food Adulteration Act only if adulteration of food as defined in the Act is alleged. 4. Sub-section (v) of Section 2 of the Prevention of Food Adulteration Act lays down: (v) "food" means any article used as food or drink for human consumption other than drugs and water and includes-- (a) any article which ordinarily enters into, or is used in the composition or preparation of human food; and (b) any flavouring matter or condiments; 5. Therefore, 'food' under the Prevention of Food Adulteration Act means (1) what in common parlance is meant by the word food, (2) drink for human consumption other than drugs and water, (3) any article which is used in the composition or preparation of human food or ordinarily enters into human food and (4) any matter used for flavouring human food or condiments. 6. 6. As was conceded by the opposite party, chewing tobacco is not flavouring matter or condiment, is not an article which ordinarily enters into or is used in the composition or preparation of human food and is also not a drink for human consumption as defined. Therefore, it has to be considered whether chewing tobacco is what is ordinarily understood by the word food. 7. According to the Shorter Oxford English Dictionary 'food' means 'what one takes into the the system for maintaining life and growth.... " In Encyclopaedia Brittanick 'food' has been defined as 'the general term for what is eaten by man...for the' substance of life." Therefore, 'food' includes only those articles which are eaten by man in order to sustain life or in other words which is eaten to maintain life and growth and provides nourishment. According to Chambers Twentieth Century Dictionary also 'food' means 'that which being digested nourishes the body; whatever sustains or promotes growth. 8. Therefore, all that is chewed, or even eaten is not food unless it is something which nourishes the body or is a means of sustenance or promotes growth. 9. 'Tobacco' according to the Shorter Oxford English Dictionary, 'is the leaves of tobacco plaint, dried and variously prepared forming a narcotic and sedative substance widely used for smoking also for chewing or in the form of snuff.' 'Tobacco' cannot be said to be an article of food as it does not nourish the human body or promote growth. It rather is harmful being a narcotic. It contains nicotine which is harmful and excessive misuse of tobacco induces a morbid state and can damage heart (vide Modi's Medical Jurisprudence). 10. Under the circumstances, tobacco is not food within the meaning of the Prevention of Food Adulteration Act. 11. It was urged on behalf of the State that the Prevention of Food Adulteration Act was enacted to safeguard the health of the public by Preventing adulteration of anything that is eaten or absorbed in the human body by chewing, drinking or eating. The contention is not sound. It may be desirable that proper enactment should be made to prevent adulteration of even articles that are chewed or smoked and thus absorbed into the body. The contention is not sound. It may be desirable that proper enactment should be made to prevent adulteration of even articles that are chewed or smoked and thus absorbed into the body. But from what has been discussed, it is apparent that the word food has been Refined in the Prevention of Food Adulteration Act to mean only articles which are used as food or drink and does not include drugs and water. As has been pointed out, tobacco does not come within the definition of food as laid down in Sub-section (v) of Section 2 of the Prevention of Food Adulteration Act. 12. Under the circumstances, the application is allowed and the criminal proceedings against the Applicant are hereby quashed.