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1971 Supreme(Del) 80

HARDAYAL HARDY, M.R.A.ANSARI
UNITED CEREAL PRODUCTS LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.CHAUDHARY, AJIT SINGH, D.K.KAPUR, NARINDER SINGH, R.N.Das, T.B.LAL

M. R. A. Ansari, J.

( 1 ) THIS is a Letters Patent Appeal against the judgment of a Single Bench of this Court in C. W. No. 464/70. The first appellant herein is a Company engaged in the manufacture and sale of corn flakes and the second appellant is its Managing Director. The, corn flakes manufactured by the first appellant are sold under the brand "bingo Corn Flakes". M/s. Lipton (India) Limited are the sole distributors of the corn flakes manufactured by the first appellant. On 61-1970, a food inspector of the Municipal Corporation of Delhi purchased three packets of Bingo Corn Flakes from the shop of one Shri Madan Gopal, situated at 78, Ansari Market, Daryaganj, Delhi. One of these packets was sent to the Public Analyst for examination and the Public Analyst sent a report to the effect that the corn flakes contained in this packet were adulterated inasmuch as they contained 5. 77% moisture by weight as against the maximum moisture content of 5% by weight prescribed under the standards fixed under the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the Rules ). A complaint was, therefore, filed by the Municipal Corporation, Delhi, in the court of the Jud


















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