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2020 Supreme(SC) 526

ROHINTON FALI NARIMAN, NAVIN SINHA, INDIRA BANERJEE
Raghav Gupta – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
For the Petitioner:Geeta Luthra, Nitin Saluja, Anshul Duggal, Shivani Lohiya Luthra, Sasha Maria Paul, Advocates
For the Respondent(s):Chirag M. Shroff, Sanjana Nangia, Abhilasha Bharti, Advocates

JUDGMENT :

NAVIN SINHA, J.

Leave granted.

2. The appellant questions his prosecution under Rule 32(e) of the Prevention of Food Adulteration Rules, 1955 (hereinafter called as “the Rules”) framed under the Prevention of Food Adulteration Act, 1954 (in short “the Act”).

3. We have heard learned counsel for the parties at length. Though several grounds have been urged to challenge the prosecution, we are satisfied that the appeal can be disposed of on a single undisputed ground. The facts shall therefore be stated with brevity only to the extent necessary for purposes of the present order.

4. The Food Inspector purchased sealed samples of Snapple Juice Drink on 03.05.2011 for analysis. The report of the Public Analyst dated 30.05.2011, held that the sample confirmed to standards but was misbranded being in violation of Rule 32(e), lacking in necessary declaration of lot/batch numbers. The appellant was stated to be one of the Directors of M/s. V & V Beverages Pvt. Ltd. which imported the drink from foreign manufacturer Schweppes International Rye Brook duly cleared by the Customs department.

5. A complaint case no. 4 of 2012 was lodged by the Food Inspector on basis of the report dated 30.


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