Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Food Adulteration Act 1954: |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | S. 7 r/w s.16, ss. 19(3) and WA-Prosecution u/s 7 read with s. 16- Salt of a particular brand sold by shopkeeper-Found deficient of requisite quantity of iodine-Prosecution of shopkeeper-Accused contending that he purchased the article from the appellant. the original vendor-Prosecution of appellant-First accused acquitted and appellant convicted by trial court-Conviction and sentence confirmed by High Court-Held, the trial court proceeded on the assumption that the appellant admitted genuineness of the Bill and that he conceded that he had sold the adulterated article to the first accused-But the evidence on record shows that the bill produced by the first accused was standing in the name of a third person and there is no evidence to show as to who was that person-In the absence of specific evidence as to whom invoice was issued and to whom adulterated article was sold by the appellant it is difficult to prove complicity of the appellant-Unfortunately, neither the trial court nor the appellant adverted to this aspect of the case-Appellate court had ample power to invoke section 20(A) of the Act to prosecute the person who was really guilty of the offence punishable under the Act-As the genuineness of the bill is not proved before the court, the conviction and sentence against the appellant is not sustainable under the law-Conviction and sentence set aside. |
Judge | N/A |
Neutral Citation | 2004 INSC 36 |
Petitioner | Mohinder Kumar |
Respondent | State Of Haryana |
SCR | [2004] 1 S.C.R. 529 |
Judgement Date | 2004-01-15 |
Case Number | 760 |
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