Chewing Tobacco or Pan Masala containing tobacco is not food Item: HC

There is no mention of “Flavoured Chewing Tobacco” in the definition of Pan Masala as per Appendix B. The ingredients mentioned in the definition of Pan Masala are used for human consumption in one form or the other and therefore come within the definition of ^“food” as per Section 2(v) (a) of the Prevention of Food Adulteration Act, 1954.

It is clear after going through Appendix B that ^“Chewing Tobacco” or Pan Masala containing tobacco has not been included in this Appendix and therefore the same cannot be said to be included within the definition of ^“food” as per Section 2(v) (a) of the PFA, 1954.

FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOWS:-

1. Challenge in this Criminal Leave to Appeal no. 458/2015 is to order dated 09.02.2010 passed by the Court of Additional Chief Metropolitan Magistrate (in short ^“ ACMM”), New Delhi in Complaint Case no.29/10 whereby the Ld. ACMM decided not to take cognizance of the report submitted by the Public Analyst on 29.04.2008 with respect to the sample lifted by Food

2. The facts leading to the filing of the present Criminal Leave to Appeal are that the Food Inspector Suniti Kumar Gupta took a sample consisting of 18 x 50 grams of ^“Premium Chewing Tobacco” from the accused on 05.04.2008 and sent the same for analysis to the Public Analyst.

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