Turmeric powder qualifies as food under the Prevention of Food Adulteration Act, and selling it as 'pooja' does not exempt the seller from liability for sale of adulterated food.

1 On 11-12-1974 the Food Inspector, Trivandrum Circle, examined as Pw-1 in the case, purchased from the provision store of the accused respondent 600 gms. of turmeric powder in six packets After following the formalities prescribed under the Prevention of Food Adulteration Act (for short the Act) one sample was sent for analysis. The Public Analyst reported that it did not conform to the standards prescribed for turmeric powder and was therefore adulterated A complaint was thereupon filed against the accused for an offence punishable under S.7 read with S.16 of the Act The accused admitted the sale of the article. But he contended that the article was not sold by him as food but as meant for pooja. It is in evidence that the packets contained labels bearing the inscription "Manjal Podi for Poojas". The Addl. Judicial 1st Class Magistrate observed that there was no evidence adduced by the prosecution that the article was kept for sale to be used as food. Placing reliance on the labels which are marked as Ext. P8 series the court held that the accused was not guilty of the offence charged against him and therefore acquitted him under S.248(1) of the Criminal Procedure Code. The appeal is preferred against the above order of acquittal.

2 The contention put forward on behalf of the appellant State is that turmeric powder or "Manjalpodi" is an article of food and therefore the sale of adulterated turmeric powder is an offence under the Prevention of Food Adulteration Act, whether it was sold as food or otherwise. The accused's stand on the other hand is that turmeric powder, though used for preparation of food, is also used for other purposes like pooja and an offence under the Act is committed only if it is adulterated and sold as an article of food. When there is specific mention that the article exhibited for sale is meant for 'pooja" no offence is committed by the vendor of the article.

3 The question involved in the case is of considerable importance and there are no rulings on the point by this Court. two points arise for consideration; (a) whether turmeric powder is food for the purposes of the Act, (b) whether the sale of turmeric powder otherwise as food is an offence under the Act.

4 The term food has been defined in S.2(v) of the Act as follows:
" '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.'
The term "ordinarily" has been the subject matter of judicial interpretation and it is now settled that the term means not mainly or regularly but usually and normally. It is an admitted fact that turmeric powder is used in the composition of human food and is therefore food. Turmeric and turmeric powder are articles for which standards have been fixed in Appendix B of the Act. Clause A. 05.20.01 reads:
"A. 05.20.01 TURMERIC (Haldi) POWDER means the powder obtained by grinding the dried rhizomes or bulbous roots of the plant of Curcuma longa L. It shall be free from artificial colouring matter. The powder shall conform to the following standards;
Moisture ........................................................................ Not more than 13.0 per cent by weight.
Total ash ............................................................ Not more than 9.0 per cent by weight-'
Ash insoluble in dilute HCL ................................................ Not more than 1.5 per cent by weight.
Test for lead chromate ............... Negative.
Total starch per cent by weight ................................................ Not more than 60.0 per cent."
R.44(b) framed under the Act prohibits sale of turmeric powder containing any foreign substance b