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2012 Supreme(Del) 679

A.K.SIKRI, RAJIV SAHAI ENDLAW
Pepsico India Holdings Pvt. Ltd – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
For the Petitioner:Maninder Singh, Senior Advocate, Dheeraj Nair, Divyam Agarwal, Sudhir Chandra, Senior Advocate with Rajesh Batra, Advocates.
For the Respondent:Ravinder Agarwal, R1 -B.V. Niren, R4 -M.Y. Khan, Advocates.

JUDGMENT :-

A.K. SIKRI, J.

1. In both these writ petitions challenge laid is to the same provision, namely, definition of “Food” contained in Section 2 (v) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as “the PFA Act”). This Section reads as under:-

“(v) “food” means any article used as food or drink for human consumption other than drugs and water and includes-

(a) any article which ordinarily enters into, or is used in the composition or preparation of, human food,

(b) any flavouring matter or condiments, and

(c) any other article which the Central Government may, having regard to its use, nature, substance or quality, declare, by notification in the Official Gazette, as food for the purpose of this Act;”

2. As is clear from the above, in clause (a) and (b) specific nature of articles which can be treated as “Food” are mentioned. At the same time, clause (c) empowers the Central Government to issue notification in the Official Gazette declaring any other article as “Food” for the purposes of this Act, having regard to its use, nature, substance or quality. Further, though the definition is inclusive in nature, it specifically excludes drugs and water. Thu




































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