Back
ANANYA BANDYOPADHYAY
Dee Empresa Hotel – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. The instant criminal revisional application is filed by the petitioners against the judgment and order dated 22.08.2014 passed by the Learned Additional District & Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Calcutta in connection with Criminal Appeal No. 102 of 2013 arising out of judgment and order dated 08.10.2013 passed by the Learned Municipal Magistrate, 2nd Court, Calcutta in connection with Case No. 5D/10 under Section 7 read with Section 16(1)a(i) of the Prevention of Food Adulteration Act, 1954 thereby dismissing the Criminal Appeal No. 102 of 2013 and affirming the judgment and order dated 08.10.2013 passed by the Learned Municipal Magistrate, 2nd Court, Calcutta in connection with Case No. 5D/10 under Section 7 read with Section 16(1)a(i) of the Prevention of Food Adulteration Act, 1954.
2. The petitioner No. 1 had been a Private Limited Company, carrying on the business of running a hotel under the name and style of M/s Dee Empresa Hotel situated at 12/2A, Dr. Md. Isaque Road, Kolkata-700016 (hereinafter referred to as the ‘said premises’). Due to its quality of service, the hotel had gained sufficient repute and goodwill. T
The prosecution must prove the intended use of the food, the involvement of the accused, and the adherence to sampling procedures to establish liability under the Prevention of Food Adulteration Act.
The court found that no individual liability could be established against partners of a firm without evidence showing their control over business operations, and proceedings initiated under a repeale....
The central legal point established in the judgment is the importance of adhering to the prescribed standards and procedural requirements under the Prevention of Food Adulteration Act, 1954, and the ....
The judgment emphasized the importance of placing all relevant materials before the sanctioning authority, the liability of individuals in a proprietorship concern, and the sufficiency of evidence in....
Point of Law : Court do not find any perversity, illegality or error in the impugned judgments warranting any interference at hands of this Court. [Para 25]
The defence of bona fide purchasers under Section 19 (2) of the Prevention of Food Adulteration Act, 1954, is available only if the accused proves that they purchased the adulterated food from a duly....
The court emphasized the compliance with the provisions of the Prevention of Food Adulteration Act, 1954, and the Rules, and discussed the applicability of the FSS Act, highlighting the imposition of....
Clear evidence of health risks is essential for conviction under food adulteration laws, and procedural compliance is critical for upholding such convictions.
A conviction for the sale of adulterated food under the Prevention of Food Adulteration Act is unsustainable if no specific quality standard for the relevant food article is prescribed under the Act ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
