Rambhai Nathabhai Waghela and Others vs Union of India and Others

S.H. Kapadia, J.—By the above Writ Petitions, Petitioners seek to challenge the validity of the Notification dated 4.8.1995 passed by the Respondent No. 1 under the provisions of the Prevention of Food Adulteration Act, 1956.

Since both the Petitions raise common question of law, they are being disposed of together. For the sake of convenience the facts in Writ Petition No. 616 of 1996 are reproduced hereinbelow.

The Petitioner is the consumer of several consumer items defined as "Food" u/s 2(v) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to for the sake of brevity as "the said act, 1954"). By the impugned Notification, the Central Government has sought to amend the Food Adulteration Rules, 1955 by incorporating Rule 49(5)(vi) whereby it is inter alia provided that the use of second hand tin containers for package of edible oils and fats would render the food unfit for human consumption. According to the Petitioner, as per the prevailing practice followed since last several years edible oils are packed in tin containers and are sold to individual consumers and the tin containers which become empty are sold by individual consumers which gives them return of Rs. 20 to Rs. 25 whereas the hawkers who have filed the above Writ Petition No. 617 of 1996 are able to sell the used empty tin containers to the cleaning factories. According to the Petitioner, the edible oil which is manufactured by oil Millers at their Oil mills utilise the tin containers and since the tin plates are not available adequately in India 20% of new tin containers are used and 80% of tin containers are used after they are emptied and properly cleaned. Petitioner has sought to challenge the Notification on the ground that the impugned Notification seeks to introduce the new system which is arbitrary. It is contended in the Petition that the tin containers being used only after subjecting them to effective process of cleaning. It is further averred in the Petition that even the containers which are used for packing the edible oil twice or thrice are not used without conforming with hygienic standards of purity. It is further averred in the Petition that since our Country is not producing the required quantity of tin plates which can cater to the needs of the entire country''s total production of edible oils, the impugned Notification which insists on non-user of second hand tins is arbitrary because if the Notification is implemented it would cost the exchequer with huge outflow of foreign exchange. It is also averred in the Petition that the containers confirm to ISI standards as prescribed by the Competent Authority. Under the above circumstances, Petitioners have prayed for setting aside the impugned Notification.

Petitioners and their Advocate have chosen to remain absent. We have gone through the records with the assistance of the learned Advocate appearing for the Respondent No. 4. The recital to the impugned Notification clearly indicates that the Government has taken appropriate steps in issuance of the impugned Notification. The said impugned Notification has been issued under the Prevention of Food Adulteration Act, 1956. The recital makes it very clear that the Notification has been issued after inviting the objections from the public. In the present matter, as a matter of policy, the Government has taken appropriate steps to introduce the Notification particularly in view of the fact that edible oil is consumed by the consumers throughout the Country and for hygienic reasons it was very important for the Government to introduce the impugned Notification which insists on non-user of the second hand tins in which the edible oil is packed. It cannot be therefore said by any stretch of imagination that the said Notification is arbitrary. In the present matter, we do not find any merit in the Petition that merely on the ground of paucity of the quantity of tin plates the impugned Notification be struck down. There is no basis whatsoever disclosed in the Petition in any event with regard to loss of foreign exchange as alleged by the Petitioner. On the contrary user of second hand or third hand tins for packing edible oil may constitute health hazards. Even the recent incidents prove that such possibilities cannot be ruled out. Taking into account the facts and circumstances of the case, we do not find any merit in the Writ Petitions.

Accordingly, both the above Writ Petitions stand dismissed. Rule in both the Writ Petitions stand discharged with no order as to costs.

Issuance of Certified Copy is expedited.