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Madhya Pradesh High Court · body

1978 DIGILAW 170 (MP)

Fatehsingh, Food Inspector, Ujjain v. Dargahwala and Co.

1978-02-28

B.R.DUBE

body1978
Short Note : This is an application under section 16(1-C) of the Prevention of Food Adulteration Act. The case of the prosecution was that on 1-1-1975, the non-applicant, who is a manufacturer of ground-nut oil sold 33 kgs. ground-nut oil to Jawaharlal, but he did not give him a warranty in writing in the prescribed form about the nature and quality of the oil and thereby contravened the provisions of section 14 of the Prevention of Food Adulteration Act. The trial Court acquitted the non-applicant mainly on the ground that according to section 14 of the Prevention of Food Adulteration Act a manufacturer, distributor or dealer of any article of food is required to give the warranty if the article of food is sold to a vendor and that the said provisions have not been contravened because Jawaharlal was not a vendor. It is not disputed that Jawaharlal runs a canteen in the Heera Mills, Ujjain and caters prepared food to the customers. He does not sell ground-nut oil in the same form after purchasing it from the manufacturer. The trial Court, therefore, appears to be correct in holding that Jawaharlal was not the vendor of the ground-nut oil and hence the non-applicant while selling the ground-nut oil to him was not required to give any warranty in writing under section 14 of the Prevention of Food Adulteration Act. Petition dismissed.