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2023 Supreme(SC) 369

ABHAY S. OKA, RAJESH BINDAL
Sri Mahavir Agency – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Appellant(s) : Mr. A.K. Sengupta, Adv. Mr. Suraj Prakash, Adv. Ms. Pooja Manaktala, Adv. Mr. Sujeet Kumar Gupta, Adv. Mr. Venkateswara Rao Anumolu, AOR
For the Respondent(s): Mr. Sunil Fernandes, Adv. Ms. Astha Sharma, AOR Mr. Srisatya Mohanty, Adv. Ms. Anju Thomas, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Mantika Haryani, Adv. Mr. Shreyas Awasthi, Adv. Mr. Himanshu Chakravarty, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Divyansh Tiwari, Adv. Mr. Bhanu Mishra, Adv. Mr. Devvrat Singh, Adv. Ms. Muskan Surana, Adv. Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv. Ms. Kshitij Singh, Adv.

JUDGMENT

Rajesh Bindal, J.

1. The appellant was accused in a complaint filed under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short “the Act”). He was convicted and sentenced to undergo rigorous imprisonment for a period of six months by Senior Municipal Magistrate, Calcutta. In appeal, the conviction and sentence of the appellant was upheld by the Additional District & Sessions Judge, Fast Track Court, Calcutta vide judgment dated 26.06.2009 in Criminal Appeal No. 106/2007. The order was challenged before the High Court at Calcutta by filing a revision petition bearing C.R.R. No. 64/2014 which was dismissed on 08.06.2016. The judgment has been impugned before this Court.

2. Learned counsel for the appellant raised a legal argument and submitted that the appellant is merely a vendor who purchased food item pan masala, namely, ‘Pan Parag’ from M/s Kothari Pouches Limited, the manufacturer, in sealed packaged condition and sold it to its customers. In terms of Section 14 of the Act, the manufacturer had given warranty about the natu


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