Prevention of Food Adulteration Act, 1954
Sections 7 & 16(1)(a)(i)—Sample of pan masala—Conviction—Protection under Section 19(2) of the PFA Act—When available—Section 19(2) of the Act provides for the defences which are available to a vendor from prosecution under the Act—Sub-clause (ii) of Section 19(2)(a) of the Act provides that a vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves that he purchased the article of food from any manufacturer, distributor or dealer with a written warranty in prescribed form—Though the term ‘vendor’ has not been defined either in the Act or in the Rules, the Apex Court in AIR 1966 SC 128, defined it to mean a person who has sold the article of food, which is alleged to be adulterated—Appellant sold the article of food “pan masala” after purchasing the same from manufacturer through invoices which contained the warranty as prescribed under the Act and the Rules—Protection under Section 19(2) of the PFA Act is available to the appellant—Conviction set aside.
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