1981 CRI. L. J. 904 ::1981 FAJ 543

Gauhati High Court

Hon'ble Judge(s): D. Pathak , C.J. AND K. N. Saikia , J

(A) Prevention of Food Adulteration Act (37 of 1954) , S.2(1)— Opinion of Central Food Laboratory regarding adulteration - Has to be accepted by the Court. 1971 Cri LJ 1556 (SC) and 1972 Cri LJ 1309 (SC), Foll. (Para 12) (B) Penal Code (45 of 1860) , S.95— Applicability - Section based on maxim of de minimis non curat lex - Purpose of Section. Section 95 applies only to offences under the Indian Penal Code. Sections 2 and 3 of the Code provide for punishment of offences committed within and beyond India, respectively. Section 4 extends the Code to extra-territorial offences. Thus the Code deals with offences punishable under it and accordingly S.95 will be appropriate to such offences; and it will not apply to offences under special or local Acts unless so made applicable by those Acts. The Food Adulteration Act is a special Act and, as such, S.95 of the Code in terms shall not apply. Section 95 is founded on the maxim of de minimis non curat lex (the law does not take account of trifles). The reason is that inter course in civilised society will come to an end if for certain such trifle offence a person is exposed to criminal prosecution. The Section is intended to provide for those cases, which though, from the imperfections of lang....