No Evidence Of Aluminium Foil On Kaju Katli Being Harmful: Gujarat High Court Upholds Sweet Shop Owners' Acquittal For Adulteration

The Gujarat High Court has upheld the acquittal of sweet shop owners accused of food adulteration, after noting that in absence of any evidence that aluminium foil coating on Kaju Katli sample was injurious to health, the mere use of such foil for coating the sweet would not make it adulterated. [2026 LiveLaw (Guj) 187]Justice Hemant M Prachchhak said that the findings recorded by the trial Court was not justified and it was not in consonance with the facts of the present case, even though there was a legal principle as enunciated by the Supreme Court which was brought to the trial court's notice.Yet the trial Court has recorded the conviction against the respondents which was rightly reversed by the Appellate Court by acquitting the respondents, the court said. The court said that the report of the Public Analyst on the sample confirmed that the aluminium foil was found on Kaju Katli collected from the shop of the respondents. It said that the question arises whether this aluminium foil found on the article i.e. kaju katli is hazardous to the health of people. "Whether the article found to be coated with the aluminium foil and in absence of any evidence on record to the effect that aluminium foil is injurious to health and is unfit for human consumption, the mere use of such foil for coating kaju katri would not make that article of food adulterated. Such principle has been consistently laid down and reiterated by this Court in the aforesaid decisions.So far as non-compliance of Rule 14 of the Prevention of Food Adulteration Rules, 1955 is concerned, the evidence of the Food Inspector-B.N.Chaudhari i.e. PW 1 at exhibit 39 clearly reveals that, after collecting the sample, he kept it in a glass bottle and further admitted that the bottles were not cleaned as required under the Rules. It appears that in his cross examination, PW1 has also admitted that there was no any statutory part and he was not having any documentary evidence to the effect that the aluminium foil is injurious to human health or that its use is prohibited under the Act or the Rules," the court said. The court observed that the food inspector admitted that he did not register any complaint for misbranding but he filed a complaint for adulteration. It thus said that in view of the clear admission on the part of the Food Inspector, the Trial Court had completely misread the provisions of the Prevention of Food Adulteration Act and the Rules while passing the conviction order against the present respondents which was rightly reversed by the appellate Court.It was alleged that the complainant-Food Inspector, while discharging his duties as a Food Inspector had visited M/S. Bharat Sweets and Farsan Mart in Surat and had purchased a sample of "Kajukatri" (silver foiled).It was sent for analysis wherein it was found that the material which was purchased by complainant-Food Inspector was not in consonance with the provisions of Prevention of Food Adulteration Act and Rules. The complainant-Food Inspector obtained permission to prosecute against respondents and after receiving sanction from Local Health Authority, a complaint was filed before the Judicial Magistrate, First class, Vyara to try the respondents for the offences Prevention of Food Adulteration Act, 1954.The Judicial Magistrate took cognizance, issued process against accused persons and intimated to respondents with a copy of report of public analyst. The respondents appeared before the trial court, and applied for reanalysis of muddamal "Kajukatri" (Silver foiled) by Central Food Laboratory, Ghaziabad. The Central Food Laboratory, submitted a report, which was also found substandard, and a charge sheet was filed against respondents.The Magistrate after hearing parties and considering the evidence on record, convicted the respondents by judgment and order dated 24.11.2006 and ordered to undergo simple imprisonment for three years and fine of Rs.5000. The accused filed a criminal appeal before the appellate Court which acquitted the accused. Against this the State moved the high court. The State's appeal was dismissed. Case title: STATE OF GUJARAT v/s CHIMANBHAI BHANUBHAI CHAUDHARI & ANR.R/CRIMINAL APPEAL NO. 918 of 2008Citation: 2026 LiveLaw (Guj) 187Click Here To Read/Download Order

No Evidence Of Aluminium Foil On Kaju Katli Being Harmful: Gujarat High Court Upholds Sweet Shop Owners' Acquittal For Adulteration

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No Evidence Of Aluminium Foil On Kaju Katli Being Harmful: Gujarat High Court Upholds Sweet Shop Owners' Acquittal For Adulteration

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