Rupak Kumar v. State of Bihar

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 541-542 of 2014)Decided 4 Mar 2014
Criminal Appeal Nos. 541-542 of 2014
Justice C.K. Prasad · Justice Pinaki Chandra Ghose

Background

A food inspector collected rice and turmeric samples from a district jail and reported that they did not meet the prescribed standard. The jail superintendent was prosecuted under the Prevention of Food Adulteration Act, 1954, even though the food was stored for prisoners to consume rather than for sale.

Decision Breakdown

The Court allowed the appeals and quashed both prosecutions. Reading the relevant prohibition, inspection and penalty provisions together, it held that storage covered by this offence meant storage for sale. The prosecution had not alleged that the jail's rice and turmeric were intended for sale, so its own case did not establish the charged statutory offence. Continuing those proceedings would therefore abuse the court process; the judgment did not certify that the food was safe or decide duties under other laws.

Lesson Learnt

A prosecution must match the precise statutory offence charged; proof that stored food failed a standard does not supply a missing requirement that it was stored for sale.

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