Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Food Adulteration ss.7 14 16(1)(a)(i) Prevention of Food Adulteration Act 1954 19(2) |
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. 7, 14, 16(1)(a)(i), 19(2) – Food Adulteration – Protection u/s. 19(2), to the vendor – Availability of – Appellant purchased ‘Pan Parag’ from the manufacturer through invoices and sold the same – Sample of ‘Pan masala’ collected from the business premises of the buyer of pan masala, from the appellant – Samples seized tested and found to be below standard – Appellant’s case that he is merely a vendor who purchased pan masala from the manufacturer in sealed packet and sold it to its customers; and that manufacturer had given warranty about the nature and quality of product sold, thus, pleaded protection u/s. 19(2) – Trial court gave the buyers the benefit of protection u/s. 19(2), however, held the appellant guilty u/s. 16(1)(a)(i) rw s. 7 – Order of conviction and sentence upheld by the courts below – On appeal, held: Sub-clause (ii) of s. 19(2)(a) provides that a vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves that he purchased the article of food from any manufacturer, distributor or dealer with a written warranty in prescribed form – Appellant was having a valid defence in terms of s. 19(2) as the packed item sold by him namely ‘Pan Parag’, was having a written warranty in prescribed form from the manufacturer – Hence, had the protection available u/s. 19(2)(a) – Impugned judgment and order of the High Court set aside – Prevention of Food Adulteration Rules, 1955 – r. 12A. |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 375 |
Petitioner | M/s Sri Mahavir Agency & Anr. |
Respondent | The State Of West Bengal & Anr. |
SCR | [2023] 4 S.C.R. 126 |
Judgement Date | 2023-04-17 |
Case Number | 982 |
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