ANANYA BANDYOPADHYAY
PepsiCo India Holdings Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. quashing of proceedings under the pfa act. (Para 1 , 2 , 3 , 4) |
| 2. insufficient evidence of the petitioner's involvement. (Para 5 , 6 , 8) |
| 3. misbranding under specific statutory provisions. (Para 7 , 13) |
| 4. legal interpretation of import and labeling rules. (Para 9 , 10 , 12) |
| 5. allegations relate to labeling under pfa act and aspects surrounding trade agreements. (Para 11) |
JUDGMENT :
Ananya Bandyopadhyay, J.
1. The instant revisional application is filed by the petitioner praying for quashing of the proceedings being C.R. Case No. 374/2006 under Section 7 (ii)/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, pending before the Court of the Learned Additional Chief Judicial Magistrate, Siliguri and all orders passed therein by the Learned Additional Chief Judicial Magistrate, Siliguri.
2. On the basis of a complaint lodged by the opposite party no.2 C.R. Case No. 374/2006 was registered before the Court of the Learned Additional Chief Judicial Magistrate, Siliguri, therein alleging commission of offences by the petitioner and one Biplab Saha punishable under Sections 7 (ii)16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.
3. The allegations made
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