No Quantification, No Homogeneity, Wrong Packaging: Punjab & Haryana High Court Quashes PFA Case Over Turmeric Sample
Case Name: Gurdeep Singh v. State of Punjab through G.F.I.
Date of Judgment: 13 February 2026
Citation: CRM-M-6237-2010
Bench: Hon’ble Mrs. Justice Manisha Batra
Held: The Punjab and Haryana High Court held that prosecution under Section 16 of the Prevention of Food Adulteration Act, 1954 cannot be sustained where the Public Analyst’s report does not quantify the alleged admixture nor record that it was injurious to health, and where the sample was not shown to be made homogeneous or packed in accordance with mandatory rules. Substantive lapses in sampling and sealing strike at the root of the prosecution and warrant quashing under Section 482 Cr.P.C.
Summary: The petitioner sought quashing of a complaint filed under Section 16(1) of the Prevention of Food Adulteration Act, 1954, pending before the Chief Judicial Magistrate, SBS Nagar.
As per the complaint, on 17.12.2008 the Government Food Inspector inspected the petitioner’s grocery shop at village Rahon and purchased 750 grams of turmeric powder from a stock of 4 kilograms meant for public sale. Samples were drawn and wrapped in thick khaki paper. One sample was sent to the Public Analyst, Punjab, who reported presence of rice starch in the turmeric powder and declared it misbranded and adulterated.
The petitioner contended that:
The Public Analyst’s report did not quantify the alleged rice starch nor opine that it was injurious to health or unfit for human consumption.
The complaint did not allege that the turmeric powder was made homogeneous before drawing the sample.
The samples were wrapped in thick khaki paper instead of being sealed in proper airtight containers as mandated under the Rules.
The State argued that presence of rice starch constituted adulteration per se and that issues regarding homogeneity and sealing were matters of evidence not suitable for adjudication under Section 482 Cr.P.C.
The High Court examined earlier Division Bench and coordinate Bench judgments including Municipal Committee, Amritsar v. Arjan Singh, Kashmiri Lal v. State of Punjab, Om Parkash v. State of Haryana, and Pritam Singh v. Union Territory, Chandigarh.
The Court held that where a foreign substance is not absolutely prohibited, quantification becomes material. In absence of quantification or opinion regarding injurious nature, the analyst’s report was incomplete. The Court further observed that homogeneity of the food article is essential to ensure representative sampling. Absence of material showing proper mixing rendered the reliability of the sample doubtful.
Additionally, wrapping turmeric powder (a hygroscopic substance) in thick khaki paper instead of airtight containers was contrary to mandatory rules and rendered the sampling process vulnerable to moisture absorption and tampering.
Taking a cumulative view, the Court held that these were not mere procedural irregularities but substantive defects going to the root of the prosecution.
Decision: The petition was allowed. The impugned complaint and all subsequent proceedings arising therefrom were quashed in exercise of inherent powers under Section 482 Cr.P.C.