SHAH ASHU JAIWANT vs STATE OF MAHARASHTRA

The Supreme Court held that under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1964, the prosecution must prove beyond reasonable doubt that the item sold was food intended for human consumption. The Court found that the appellant's claim that black Tils were sold for Puja and not for consumption was credible, supported by the Magistrate's findings regarding the condition of the Tils. The Court emphasized that while mens rea is not required, the nature of the article and its intended use are critical in determining the applicability of the Act, leading to the allowance of the appellant's appeal.