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1982 Supreme(Del) 256

KAMAL OIL AND ALLIED INDUSTRIES PRIVATE LIMITED – Appellant
Versus
KAMAL OIL AND ALLIED INDUSTRIES PRIVATE LIMITED – Respondent


Advocates Appeared:
A.K.Malhotra, D.S.Sawhney, LAXMI GROVER, R.N.MITTAL

J. D. Jain, J.

( 1 ) THE petitioner Karnal Oil and Allied Industries Private Limited is dealing in the trade of manufacture and sale of edible oil at B-29, Lawrence Road, New Delhi, On 23rd of May, 1977, Shri Kulwant Singh, Food Inspector, lifted a sample of rape-seed oil (refined) for analysis from Karnal Kishore) petitioner No. 2, under the provisions of Prevention of Food Adulteration Act, 1954 (herein-after referred to as the Act ) and the Rules made thereunder. Kamal Kishore, petitioner, was allegedly found selling, exposing/storng for sale the said article of food as Managing Director on behalf of Petitioner No. I and the said sample was taken out of asealed tin containing 2 kgs. of rape-seed oil (refined), white-horse brand and petitioner No. I is alleged to be the manufacturer of the same. On analysis the Public Analyst found that it was not refined rape-seed oil and instead it was refined groundnut oil. A complaint dated 24th of February 1978 was thereupon instituted by the Assistant Municipal Prosecutor, Municipal Corporation of Delhi, against the petitioners for the offence of mis-branding. The Local (Health) Authority vide letter dated 1st March 1978, copy Ex. Public W























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