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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Pepsico India Holdings Pvt. Ltd. – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Deepak Gupta, J.
By way of this petition filed under Section 482 CrPC, petitioners pray for setting aside impugned order dated 13.12.2007 (Annexure P1), passed by the Court of ld. Additional Chief Judicial Magistrate, Jalandhar, whereby process against the petitioners have been issued in criminal complaint No.263 of 2007 tilted 'State Vs. Shri Vipan Singh and others', (Annexure P2), under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 [for short 'the PFA Act, 1954' ] read with Rules 32 and 50 of the Prevention of Food Adulteration Rules, 1955 [for short 'the PFA Rules, 1955'] and further pray to quash the complaint in question.2.1 As it emerges on perusal of the paper-book, Government Food Inspector (GFI), Jalandhar inspected the premises of M/s Doon Bakers, Jalandhar on 09.08.2007 and found in its possession 20 bottles of Gatorade (orange flavour sports drink) of 500 ml each. He purchased 3 bottles for the purpose of sampling on payment of ?90/- against the receipt, after serving notice on Form VI (Annexure P3) to Vipan Singh, the representative of M/s Doon Bakers. The GFI also noted the description mentioned on the label of the bottle and
The absence of importer information on a carbonated drink label does not amount to misbranding under the Prevention of Food Adulteration Act, 1954, especially where a valid trade agreement between In....
Misbranding – Punishment under PFA and penalty under FSSA cannot be imposed on violator for same misbranding because it will amount to double jeopardy which is prohibited under Article 20(2) of Const....
The Prevention of Food Adulteration Act does not apply to food products exclusively manufactured for export, and the initiation of prosecution in such cases is invalid.
Prosecution under the Food Safety and Standards Act requires a confirming report from the Referral Laboratory; divergence in findings precludes legal action.
Compliance with food safety regulations is mandatory; identical labeling of product dates misleads consumers and violates statutory requirements.
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