Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Food Adulteration Act 1954 Central Food Laboratory (CFL) Section 482 CrPC for quashing the proceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Food Adulteration Act, 1954 (37 of 1954) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Food Adulteration Act, 1954 — ss. 16 and 13(2) -. Prosecution u/s. 16 r/w. r. 50 (1) the Prevention of Food Adulteration Rules, 19535 - Of 6 accused — One of the accused exercised his right u/s. 13(2) ~ Second as well as third samples directed to be given to Central Food Laboratory (CFL) for re- _ analysis — Petition by appellant-accused u/s. 482.Cr.P.C. for “quashing the proceedings — Dismissed by High Court ~ On appeal, held: In a case where there are many accused, once a right is exercised u/s, 13(2) by any of the accused leading to a certificate . from Director of CFL, such report shall supersede the report of the Public Analyst — Such supersession shall enure to the benefit of all the accused and not alone to the accused who exercised the right u/ s. 13(2) — The criminal proceedings are liable to be quashed — Code of Criminal Procedure, 1973 — s. 482 — Prevention of Food Adulteration Act, 1955 — r. 50(1).Allowing the appeal, the Court HELD: In a case like the present, where there are many accused, once right is exercised under Section 13(2) of Prevention — of Food Adulteration Act, 1954 by any of the accused leading to a certificate from the Director of the CFL, the consequence would be supersession of the report given earlier by the Public Analyst’ under sub-section (1) of Section 13 and such supersession must enure to the benefit of all the co-accused and not alone to the accused who exercised their right under Section 13(2) of the PFA Act. In cases where the number of accused is more than one, there is no possibility of complying with individual prayer of all the co-accused to send different samples for re-analysis by the CFL because Statute requires preparation of only 3 samples. [Paras 5 and 6] [403-G; 404-A, H; 405-A] |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2016 INSC 1176 |
Petitioner | Hindustan Unilever Ltd. |
Respondent | State Of Rajasthan & Anr. |
SCR | [2016] 2 S.C.R. 401 |
Judgement Date | 2016-04-12 |
Case Number | 252 |
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