# ) ; • • BAL KISHAN TIIAPER v. l'v!UNICIPAL CORPORATION OF DELHI

- **Citation:** [1979] 3 S.C.R. 551
- **Court:** Supreme Court of India
- **Decided:** 1979-03-09
- **Case number:** Criminal Appeal No. 105 of 1975
- **Bench:** S. l\1URTAZA FAZAL ALI, A. D. Kaushal
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/bal-kishan-tiiaper-v-l-v-unicipal-corporation-of-delhi-7648
- **Pages:** 4

## Headnote

Prevelllion of Food Adulteration Act, 1954 (37 ·of
1954)-S. 2(ix)(a)
and (g) Scope of-Outer label
described the:
contents
as "as slveet as saccharin"-TV!icther a case of misbranding.
The appellant was a manufacturer of a preparation called Para Excellent
and Para Asli.
The outer 1abel of the package Jes~ribed the contents as "as
A
B
sweet as sacc11arin".
Under the directions for use it was mentioned on the
C
lahel that the preparation was para saccharin.
The appellant was prosecuted under s. 2(ix) (a) and (g) of the Prevention
of Fon.-1 l\(1ulteration Act for misbranding the !JOOd:' and for
selling it
as
saccharin.
While the trial court convicted and sentenced the appellant to imprisonment anll a fine on the ground that though a case
of misbranding under
-;. 2(ix) (a.} and (g) had not been made out, it was 2. case of misbranding contemplated by s. 2(ix) (k), the High Court, in revision, enhanced the sentence
and fine under ss_ 7 ::ind 16 read \1.'ith s. 2(ix){a) and {g) of the Act.
On behn-lf of the prosecution it was contended in the appellant's appeal to
this Court thtlt the use of the word saccharin gave the impression that the
prepnration v.:as saccharin or something akin to it and it was, therefore, a
case of mi'lbranding punishable under the Act.
Allowing the appeal.
D
E
HELD : 1. There is nothing on the facts of the case to show that the
appe11ant in any way tried to give an impression to the Purchasers that either
saccharin or ~ome preparation of the type of saccharin was being so1d so as
to amount to misbranding as contemplated by s. 2(iv) (a) and (g) of the Act.
F
Nor was there an attempt to sell the preparation as saccharin or some kind of
saccharin. When the Jab el described that the preparation was
as
sweet as
saccharin it merely laid emphasis on the sweetness of the preparation when
compared. to the S'\J.'eetness of the saccharin. Similarly when the label described
-the preparation was not as bitter as saccharin it was intended to convey that
it was neither something like saccharin nor saccharin itself in any form or of
any type. [553 C-D]
G
2. Nor again was there any evidence of intention on the part of the appellant to sell a preparation which resembles saccharin in any
respect. The
words "as sweet as saccarin" were merely meant to convey one of the qualitie!: of the preparation itself and not the quality of saccharin. That by itself
would not attract the provisions of s. 2(ix)(a) of the Act. [554 BJ
3. The use of the word para saccharin appears to be a mistake. In the Hindi
portion of the directions contained in the label the words "para Saccharin"
"Were not used.
Secondly the word ''para saccharin" would not indicate that
H
A
B
552
SUPREME COURT REPORTS
[1979] 3 S.C.R.
the preparation sold was saccharin in any form or of any kind. It was jut
a way of describing the contents because the preparation was "as s'.feet
u
saccharin.'
The manufacturer wanted to convey that the preparation 'iWls alsG
much sweeter than sugar and could be Uled for preparing soda water. [554 C-D)

## Text

)
;
•
•
BAL KISHAN TIIAPER
v.
l'v!UNICIPAL CORPORATION OF DELHI
March 9, 1979
551
[S. l\1URTAZA FAZAL ALI AND A. D. KAUSHAL, JJ.]
Prevelllion of Food Adulteration Act, 1954 (37 ·of
1954)-S. 2(ix)(a)
and (g) Scope of-Outer label
described the:
contents
as "as slveet as saccharin"-TV!icther a case of misbranding.
The appellant was a manufacturer of a preparation called Para Excellent
and Para Asli.
The outer 1abel of the package Jes~ribed the contents as "as
A
B
sweet as sacc11arin".
Under the directions for use it was mentioned on the
C
lahel that the preparation was para saccharin.
The appellant was prosecuted under s. 2(ix) (a) and (g) of the Prevention
of Fon.-1 l\(1ulteration Act for misbranding the !JOOd:' and for
selling it
as
saccharin.
While the trial court convicted and sentenced the appellant to imprisonment anll a fine on the ground that though a case
of misbranding under
-;. 2(ix) (a.} and (g) had not been made out, it was 2. case of misbranding contemplated by s. 2(ix) (k), the High Court, in revision, enhanced the sentence
and fine under ss_ 7 ::ind 16 read \1.'ith s. 2(ix){a) and {g) of the Act.
On behn-lf of the prosecution it was contended in the appellant's appeal to
this Court thtlt the use of the word saccharin gave the impression that the
prepnration v.:as saccharin or something akin to it and it was, therefore, a
case of mi'lbranding punishable under the Act.
Allowing the appeal.
D
E
HELD : 1. There is nothing on the facts of the case to show that the
appe11ant in any way tried to give an impression to the Purchasers that either
saccharin or ~ome preparation of the type of saccharin was being so1d so as
to amount to misbranding as contemplated by s. 2(iv) (a) and (g) of the Act.
F
Nor was there an attempt to sell the preparation as saccharin or some kind of
saccharin. When the Jab el described that the preparation was
as
sweet as
saccharin it merely laid emphasis on the sweetness of the preparation when
compared. to the S'\J.'eetness of the saccharin. Similarly when the label described
-the preparation was not as bitter as saccharin it was intended to convey that
it was neither something like saccharin nor saccharin itself in any form or of
any type. [553 C-D]
G
2. Nor again was there any evidence of intention on the part of the appellant to sell a preparation which resembles saccharin in any
respect. The
words "as sweet as saccarin" were merely meant to convey one of the qualitie!: of the preparation itself and not the quality of saccharin. That by itself
would not attract the provisions of s. 2(ix)(a) of the Act. [554 BJ
3. The use of the word para saccharin appears to be a mistake. In the Hindi
portion of the directions contained in the label the words "para Saccharin"
"Were not used.
Secondly the word ''para saccharin" would not indicate that
H
A
B
552
SUPREME COURT REPORTS
[1979] 3 S.C.R.
the preparation sold was saccharin in any form or of any kind. It was jut
a way of describing the contents because the preparation was "as s'.feet
u
saccharin.'
The manufacturer wanted to convey that the preparation 'iWls alsG
much sweeter than sugar and could be Uled for preparing soda water. [554 C-D)
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 105 of
1975.
Appeal by Special Leave from the Judgment and
Order dated
6-8-1974 of the Delhi High Court in Criminal Revision No. 58 of
1973.
Frank Anthony, K. C. Dua and 0. P. Soni for the Appellants.
C
Soli. !. Sorabjee, Additiooal Soli. General, B. P. Maheshwari and
D
E
F
G
H
Suresh Sethi for the Respondents.
The Judgment of the Conrt was delivered by
FAZAL Au, J.-This appeal by special leave is directed against
the Judgment of the Delhi High Court convicting the appellant under
section 7/16 of the Prevention of Food Adulteration Act, read with
Section 2(ix) clause (a) & (g) of the Act and sentenced to rigorous
imprisomnent of six months and a fine of Rs. 1,000/-. This order
was passed by the High Court in a revision filed by the Municipal
Corporation of Delhi against the Order of the Trial Court which convicted the appellant under section 7 /15 of the Prevention of Food
Adulteration Act read with Section 2(ix) (k) of the Act and sentenced
him to imprisonment till the rising of the Court and a fine
of
Rs. 500/-, a revision against this order to the Sessions Jndge was unsuccessful and hence a further revision was taken by the Delhi Administration before the High Court.
The facts of the case are detailed in the Judgment of the High·
Court and the Magistrate and we need not repeat the same all over
again.
The food Inspectors, namely, one Mr. James and Mr. Sinha
took samples of a preparation called Para Excellant and Para As!i
from the shop of the appellant who according to the Food Inspectors
sold these preparations as saccharin, a fact which is not admitted by
the appellant.
The Trial Court after considering the evidence and the
report of the Chemical Examiner fonnd that the case of mis-branding
under section 2(ix) (a) & (g) was not made out by the Prosecution,
but it was certainly mis-branding as contemplated by section 2(ix) (k)
of the Act. He, accordingly convicted the appellant as indicated
above.
Mr. Frank Anthony, Learned Counsel for the appellant has
submitted that the High Court was wrong in law in interfering with the
Order of the Magistrate, firstly, because the findings of fact by the
f
.,
)
• .:
•
•
(
•
B. K. THAPER v. MUNICIPAL CORPORATION (Fazal Ali, J.)
5 53
Magrntrate was binding on the High Court in revision and secondly,
because the High Court took a legally erroneous view of tbe law on
the interpretation of Section 2(ix) (a) & (g) of the Prevention of Food
Adulteration Act.
,
We have heard learned counsel for the parties and have perused the
judgment of the High Court and we are of the opinion that the contentions raised by the learned counsel for the appellant is well founded
and must prevail. We have perused the original label which described
the preparation sold to the food inspectors. There is nothing to show
that the appellant in any way tried to give an impression to the purchaser that either saccharin or some preparation of the type of saccharin was being sold so as to amount to misbranding as contemplated
by Section 2(ix) (a) & (g) of the Act.
All that the appellant purported to convey under the label was that the preparation sold was as
sweet as saccharin but not as bitter as saccharin.
This was intended
merely to lay ·emphasis on the sweetness of the preparation when it
was compared to the sweetness of saccharin. When the label clearly
described the fact that the preparation was not as bitter as saccharin
it clearly intended to convey that it was neither something like saccharin nor saccharin itself, in any form or of any type.
Mr. Sorabjee
appearing for the respondent submitted that the use
of the word
saccharin itself amounts to mis-branding and gives the impression that
the preparation sold was saccharin or something akin to saccharin.
We are unable to agree with this contention. In the facts and circumstances of the present case and the contents of the label and the description of the preparation, we are satisfied that there was
no misbtanding, nor was there any attempt on the part of the appellant to
sell his preparation as saccharin or some sort of saccharin.
Section
2(ix) (a) runs as follows :
"Misbranded"-an article of food shall be deemed to be
misbranded-
( a) "If it is an imitation of, or is a substitute for, or
re,embles in a manner ·likely to deceive,
another
article of food under the name of which it is sold, and
is not plainly and conspicuously labelled so as to indicate its true character."
A
B
c
D
E
r
GAccording to the Additional Solicitor General of India, the sale,
by the appellant, of the preparation clearly falls within (iii) clause
ff
of sub-section (a), that is to say-the preparation resembles saccharin
so as to deceive a person who wanted to purchase the article of food
A
B
c
D
E
554
SuPREME COURT REPORTS
[1979] 3 s.c.R.
known as saccharin. After having examined the label, its description
and the contents of the tin and packets, sold to the food inspectors, we
are unable to find any evidence of any intention on the part of the
appellant to sell a preparation which resembles saccharin in any respect.
The words, as sweet as saccharin were merely meant to convey
one of the ·qualities of the preparation itself and not the quality of
saccharin at all.
That, by itself, would not attract the provision of
Section 2(ix) (a) of the Act. It was, then submitted that in 0ne of the
labels under the directions it was mentioned that the preparation was
para saccharin which also shows that the appellant intended to pass
on the preparation as some sort of saccharin. In the first place, the
use of the word para saccharin appears to be a mistake in the facts
of the present case because this word is completely absent from the
Hindi portion of the directions contained in the same label. Secondly,
the word para saccharin would not indicate that the preparation sold
was saccharin in any form or of any kind.
It was just a way of describing it because according to the manufacturers the preparation was
as sweet as saccharin.
This was mentioned because saccharin being
500 times sweeter than sugar, the manufacturer wanted to convey that
the preparation was also much sweeter than sugar and could be used
for preparing soda water bottles.
It is obvious that if any person who
purchased the preparation was not conversent with the English language, he would not be misled at all.
Having regard to these circumstances we are of the opinion that
the case of the appellant does not fall within the clauses (a) & (g)
of Section 2(ix) of the Act and the High Court erred in law in convicting the appellant for misbranding under these provisions.
For the
reasons given above, the appeal is allowed.
The order of the High
Court is set aside and the sentence of imprisonemnt of six months is
also set aside and the fine is reduced to Rs. 500/-. In other words,
the order of the Trial Court Magistrate is hereby restored.
The appeal
is accordingly allowed.
N.V.K.
A ppea/ ollowed.
I,.
{
7
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