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Prevention of Food Adulteration Act, 1954

89 judgments · newest first · showing 1–89

THE STATE OF MAH and ORSversusGORAKH ARJUN MARATHE and ANR

DISMISSED

The State of Maharashtra appealed the acquittal of two vendors, Gorakh and Mohan Marathe, who were charged under the Prevention of Food Adulteration Act, 1954 for allegedly selling adulterated chilli powder. A food inspector collected a sample, and the public analyst’s report indicated the presence …

FARHAN ABDUL KADAR BATATEWALA AND ANRversusTHE DIVISIONAL COMMISSIIONER AND ANR

Disposed Off

The petitioners, three individuals, were externed from Mumbai and surrounding areas for two years under Section 55 of the Maharashtra Police Act based on alleged offences related to tobacco and gutkha. They challenged the externment order, arguing that the offences cited were either under …

STATE OF GUJARATversusPATEL ASHOK KALIDAS

39-RULE DISCHARGED/DISMISSED @ FH

The State of Gujarat appealed against the acquittal of two accused distributors of Amul Shakti milk, alleging that the milk packs were misbranded under the Prevention of Food Adulteration Act because the manufacturing date on the label (26‑01‑2005) differed from the date the sample was taken …

KIRITKUMAR G PATELversusMUKESHKUMAR JOITRAM PATEL

39-RULE DISCHARGED/DISMISSED @ FH

The original complainant, a government Food Inspector, filed a complaint under the Prevention of Food Adulteration Act, 1954 alleging that milk sold by the respondents was adulterated. The Public Analyst and later the Central Food Laboratory confirmed the milk was sub‑standard, and the trial court …

OM PRAKASH SINGHversusSTATE OF U.P.

The revisionist, Om Prakash Singh, was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act for selling adulterated 'besan ke laddu' and sentenced to one year rigorous imprisonment with a fine. He filed a criminal revision in 2014, not contesting the conviction but seeking to …

PARASMAL NATHUMAL JAINversusSTATE OF GUJARAT

44-PARTLY ALLOWED @ FH

The petitioners, originally convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for supplying sub‑standard palmolein oil, appealed their conviction and sentence of one year imprisonment with a fine, but the appeal was dismissed. They filed a criminal revision under …

JASHUJI KESHAJI CHAVDAversusSTATE OF GUJARAT

39-RULE DISCHARGED/DISMISSED @ FH

The applicant, a milk seller, was convicted under Sections 7 and 16(1)A(i) of the Prevention of Food Adulteration Act, 1954 for allegedly adulterating milk, and sentenced to three months' rigorous imprisonment and a fine of Rs.500. He filed a criminal revision under CrPC Sections 397 and 401, …

BHUPATBHAI KARAMSIBHAI MAKWANAversusSTATE OF GUJARAT

44-PARTLY ALLOWED @ FH

Bhupatbhai Makwana, a retailer of groundnut oil, was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act for selling sub‑standard oil and sentenced to two years' imprisonment and a fine. He appealed, but the conviction was upheld by the trial court and the appellate court. …

NAGARAJAN & ANR.versusTHE STATE OF TAMIL NADU

2025 INSC 703Case Partly allowed

The appellants were convicted under the Prevention of Food Adulteration Act (PoFA) for selling adulterated curd and various food items, receiving six months' imprisonment and fines. They sought release on probation under the Probation of Offenders Act, 1958, arguing that Section 20AA of PoFA, which …

M/S A.K. SARKAR & CO. & ANR.versusTHE STATE OF WEST BENGAL & ORS.

2024 INSC 186Case Partly allowed

The appellants were convicted under the Prevention of Food Adulteration Act, 1954 for misbranding sugar‑boiled confectionery because the packages lacked the manufacturer’s address and date of manufacture. The conviction was upheld by the trial court, the district court and the Calcutta High Court, …

RAM NATHversusTHE STATE OF UTTAR PRADESH & ORS.

2024 INSC 138Appeal(s) allowed

The petitioners, Ram Nath and others, challenged prosecutions under Sections 272 and 273 of the Indian Penal Code (IPC) for alleged adulteration and sale of noxious food, arguing that the Food Safety and Standards Act, 2006 (FSSA) had an overriding effect. The State of Uttar Pradesh contended that …

MANIK HIRU JHANGIANIversusSTATE OF M.P

2023 INSC 1078Appeal(s) allowed

The appellant, a director of Bharti Retail, was charged with misbranding food products on 29 November 2010 under the Prevention of Food Adulteration Act, 1954 (PFA). Although the PFA was still in force, the Food Safety and Standards Act, 2006 (FSSA) – including its penalty provision (Section 52) and …

M/S SRI MAHAVIR AGENCY & ANR.versusTHE STATE OF WEST BENGAL & ANR.

2023 INSC 375Appeal(s) allowed

The appellant, M/s Sri Mahavir Agency, a vendor, bought packaged pan‑masala (Pan Parag) from the manufacturer M/s Kothari Pouches Ltd. and sold it to customers. Samples seized from a buyer’s premises were tested and found to be below the standards prescribed under the Prevention of Food Adulteration …

HARI SHANKAR AGGARWALversusTHE STATE OF RAJASTHAN & ANR

2021 INSC 176Appeal(s) allowed

The appellant, Hari Shankar Aggarwal, was named as a nominee in a complaint under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954, based on information from the Commercial Tax Department, while the Local Health Officer had identified Devendra Singh Bhadauria as the director of the …

HINDUSTAN UNILEVER LIMITEDversusTHE STATE OF MADHYA PRADESH

2020 INSC 634Appeal(s) allowed

A complaint was lodged in 1989 alleging adulteration of Dalda Vanaspati Ghee manufactured by Hindustan Unilever Limited (HUL). The trial magistrate initially absolved the company’s directors and continued prosecution against the nominated officer, Nirmal Sen, who was later convicted under the …

M/S ALKEM LABORATORIES LTD.versusSTATE OF MADHYA PRADESH AND ANR.

2019 INSC 1304Appeal(s) allowed

Alkem Laboratories Ltd, the marketer of a "sugarless" jelly manufactured by another company, was implicated after a food inspector seized samples from a retailer and a public analyst found sugar, constituting misbranding. The retailer later moved an application under Section 20A of the Prevention of …

RAJ KUMARversusTHE STATE OF UTTAR PRADESH

2019 INSC 1132Dismissed

The appellant was convicted under the Prevention of Food Adulteration Act, 1954 for selling milk whose Milk Solid Non‑Fat (MSNF) content was 7.7%, below the statutory standard of 8.5%. He argued that the delay in analysis caused a marginal shortfall, that he was denied the right under Section 13(2) …

VIJENDRAversusSTATE OF UTTAR PRADESH

2019 INSC 845Appeal(s) allowed

Vijendra was charged under the Prevention of Food Adulteration Act, 1954 for selling adulterated buffalo milk. A food inspector took a milk sample in the presence of a public witness, sent it to the public analyst, and the analyst’s report indicated adulteration. The report was dispatched to …

DELHI ADMINISTRATIONversusVIDYA GUPTA

2018 INSC 404Appeal(s) allowed

The Delhi Administration appealed the acquittal of Vidya Gupta, a sweet shop vendor, who was charged under the Prevention of Food Adulteration Act, 1954 for storing adulterated ghee used to make jalebis. The Supreme Court held that Section 7, read with its explanation, deems any person who stores …

HINDUSTAN UNILEVER LTD.versusSTATE OF RAJASTHAN & ANR.

2016 INSC 1176Appeal(s) allowed

Hindustan Unilever Ltd. and five others were charged under Section 16 of the Prevention of Food Adulteration (PFA) Act for allegedly selling adulterated Kesar Pista ice‑cream. The Public Analyst’s report declared the sample adulterated, but one co‑accused invoked the right under Section 13(2) of the …

RUPAK KUMARversusSTATE OF BIHAR & ANR.

2014 INSC 166Appeal(s) allowed

The Superintendent of a district jail was prosecuted under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 after a food inspector found rice and turmeric stored for prisoners to be adulterated. The prosecution alleged that the jail official had "stored" adulterated food, which …

CENTRE FOR PUBLIC INTEREST LITIGATIONversusUNION OF INDIA AND OTHERS ,

2013 INSC 709Disposed off

The Centre for Public Interest Litigation filed a writ petition seeking a separate expert committee to examine the health effects of soft drinks, especially on children, and to compel the Union of India to impose stricter regulatory controls, labeling, and advertising standards. The Court examined …

INDIAN SOAPS & TOILETRIES MAKERS ASSOCIATIONversusOZAIR HUSAIN AND OTHERS

2013 INSC 141Appeal(s) allowed

The Delhi High Court, in a public‑interest writ, ordered manufacturers of drugs and cosmetics (other than life‑saving drugs) to display symbols indicating whether the product contained vegetarian or non‑vegetarian ingredients. The petitioners challenged this order, arguing that the Drugs and …

THANA SINGHversusCENTRAL BUREAU OF NARCOTICS

2013 INSC 56Disposed off

Thana Singh, an undertrial accused of an offence under the NDPS Act, had been detained for over twelve years without trial despite repeated bail refusals. The Supreme Court examined whether such prolonged detention violated the right to speedy trial under Article 21 of the Constitution. Relying on …

SUBHASH CHANDversusSTATE (DELHI ADMINISTRATION)

2013 INSC 15Appeal(s) allowed

The appellant, a food manufacturer, was charged under the Prevention of Food Adulteration Act after a complaint by the Local Health Authority and was acquitted by a Metropolitan Magistrate. The State sought to appeal the acquittal in the Sessions Court under Section 378(1)(a) of the Code of Criminal …

SHAGUN MAHILA UDYOGIK SAHAKARI SANSTHA MARYADITversusSTATE OF MAHARASHTRA & ORS.

2011 INSC 598Dismissed

The appellant, a Mahila cooperative society, challenged the award of a contract for supplying fortified blended food under the Integrated Child Development Scheme, arguing that the eligibility criteria in the Expression of Interest (EOI) were arbitrary and that the contract period should be limited …

ACADEMY OF NUTRITION IMPROVEMENT AND ORS.versusUNION OF INDIA

2011 INSC 431Disposed off

The Academy of Nutrition Improvement and others challenged the constitutionality of Rule 44‑1 of the Prevention of Food Adulteration Rules, 1955, which prohibited the sale of non‑iodised common salt for human consumption. The petitioners argued that the rule violated Articles 14, 19(1)(g) and 21 of …

SWADESI JAGARAN MANCHversusSTATE OF ORISSA & ANR.

2011 INSC 433Hearing Adjourned

The Supreme Court examined the constitutionality of Rule 44 of the Prevention of Food Adulteration Rules, 1955, which bans the sale and manufacture of non‑iodised common salt. Several writ petitions and transfer petitions challenging this rule were consolidated, and the Court allowed the transfer of …

PEPSICO INDIA HOLDINGS PVT. LTD.versusFOOD INSPECTOR AND ANR.

2010 INSC 786Appeal(s) allowed

Pepsico India Holdings Pvt. Ltd., the manufacturer of sweetened carbonated water, was prosecuted after a public analyst reported the presence of the pesticide carbofuran (0.001 mg/L) in its product, alleging adulteration under Rule 65 of the Prevention of Food Adulteration Rules, 1955 and Section …

GIRISHBHAI DAHYABHAI SHAHversusC.C. JAIN & ANR

2009 INSC 979Appeal(s) allowed

Girishbhai Dahyabhai Shah was prosecuted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for allegedly selling adulterated curd. The sample was taken on 8 April 1988 and the Public Analyst’s report indicating adulteration was filed on 4 May 1988 but was only served to the …

STATE OF RAJASTHANversusJAGDISH PRASAD

2009 INSC 642Appeal(s) allowed

Jagdish Prasad was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced by the trial court to six months' rigorous imprisonment, the minimum punishment prescribed. The Rajasthan High Court commuted the sentence to a fine of Rs.6,000 and directed the …

STATE OF GUJARAT AND ANR.versusRAMESHCHANDRA SHIVRATAN KOSAR AND ANR. ETC.

2009 INSC 633Appeal(s) allowed

The State of Gujarat filed complaints alleging that respondents had stored and sold food articles adulterated with saccharin, violating Sections 7(1), 7(5) and 16 of the Prevention of Food Adulteration Act, 1954. The respondents moved the Gujarat High Court under Section 482 of the Code of Criminal …

RAMJEE PRASAD & ANR.versusSTATE OF BIHAR

2009 INSC 584Appeal(s) allowed

The appellants, a father and son, were convicted for selling adulterated "Chhena Mithai". The Public Analyst reported adulteration with starch, and the Central Food Laboratory confirmed adulteration but did not specify starch. The trial court and first appellate court convicted them under Section …

RADHEY SHYAM AGGARWALversusSTATE N.C.T. DELHI

2009 INSC 115Disposed off

The appellant was convicted under the Prevention of Food Adulteration Act, 1954 for adulterating a small quantity of red chilli. The trial magistrate conducted the case as a warrant case, although Section 16‑A of the Act provides for a summary trial of such offences. The appellant argued that the …

BENNY THOMASversusFOOD INSPECTOR, KOCHI AND ANR.

2008 INSC 774Dismissed

The Food Inspector purchased a bottle of synthetic syrup (sarbath) from the shop of Benny Thomas and sent the sample for analysis, which showed it to be adulterated. Thomas was convicted under Section 16(1)(a)(i) read with Sections 7(1) and 2(ia)(m) of the Prevention of Food Adulteration Act, 1954 …

M/S PARAKH FOODS LTD.versusSTATE OF A.P. & ANR.

2008 INSC 411Case Allowed

Mis Parakh Foods Ltd., the manufacturer of "Shaktimaan Refined Soyabean Oil", was prosecuted for alleged misbranding under Rule 37 D of the Prevention of Food Adulteration Rules, 1955 after a public analyst claimed that the label’s pictures of various vegetables exaggerated the quality of the oil. …

MOHD. YASEENversusSTATE OF U.P.

2007 INSC 758Disposed off

Mohd. Yaseen was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 and sentenced to one year of rigorous imprisonment. His appeal was dismissed and a revision petition before the Allahabad High Court was also rejected. He filed a petition under Section 482 of the …

OM PRAKASHversusSTATE (NCT) OF DELHI

2007 INSC 686Disposed off

Om Prakash was convicted under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling 'Khoya' whose milk‑fat content was 19.07% instead of the prescribed minimum of 20%. The trial court sentenced him to six months' imprisonment and a fine of Rs 2,000. After …

STATE OF GUJARAT AND ANR.versusSHAILESHBHAI MANSUKHLAL SHAH AND ANR.

2007 INSC 672Case Allowed

The State of Gujarat prosecuted Shaileshbhai Mansukhlal Shah and another under Sections 7(i) and (v) of the Prevention of Food Adulteration Act, 1954. The accused, dissatisfied with the public analyst's report, invoked Section 13(2) to obtain a second analysis of the food sample by the Central Food …

SATYA NARAYAN AGARWALversusSTATE OF ASSAM

2007 INSC 469Dismissed

The appellant, a shopkeeper, was found guilty of selling adulterated chilli powder and convicted under Section 7 read with Section 16(1) of the Prevention of Food Adulteration Act, 1954, receiving six months' simple imprisonment and a Rs.1,000 fine. The conviction and sentence were upheld by the …

DINESH KUMARversusSTATE OF M.P.

2004 INSC 624Appeal(s) allowed

The appellant, a kirana shopkeeper in Madhya Pradesh, was prosecuted under Sections 7(1) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for allegedly selling adulterated besan that contained kesari dal. The trial court acquitted him, holding that the ash content was within …

GODAWAT PAN MASALA PRODUCTS I.P. LTD. AND ANR.versusUNION OF INDIA AND ORS.

2004 INSC 413Case Allowed

The appellants, manufacturers of pan masala and gutka, challenged state notifications issued under Section 7(iv) of the Prevention of Food Adulteration Act, 1954 that prohibited the manufacture, sale, storage and distribution of these products in the interest of public health. The questions before …

DAYAL SINGHversusSTATE OF RAJASTHAN

2004 INSC 262Dismissed

Dayal Singh was convicted under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for selling hard‑boiled sugar confectionery that contained mineral oil, which at the time was deemed an unwholesome ingredient and amounted to adulteration. While his appeal was pending, the Rules were …

STATE OF H.P.versusNARENDRA KUMAR AND ANR.

2004 INSC 111Appeal(s) allowed

The State of Himachal Pradesh prosecuted Narendra Kumar (accused No.1) and a vendor (accused No.2) under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act for selling adulterated sugar. A food inspector sealed a sample and sent it, along with a memorandum and seal impression, to a …

MOHINDER KUMARversusSTATE OF HARYANA

2004 INSC 36Disposed off

The prosecution alleged that a batch of Tata iodized salt sold by the appellant, Mohinder Kumar, was deficient in iodine, violating the Food Adulteration Act. The first accused, Naresh Kumar, purchased five packets, which were tested and found to contain only 5 ppm iodine instead of the required 15 …

DELHI ADMINISTRATION (NOW N.C.T. OF DELHI)versusMANOHAR LAL

2002 INSC 356Appeal(s) allowed

The respondent, Manohar Lal, was convicted under the Prevention of Food Adulteration Act, 1954 and sentenced to one year of simple imprisonment plus a fine. The trial court and the First Appellate Court upheld the conviction and sentence, holding that the power to commute under Section 433(d) of the …

SHRI RANAJOY BOSEversusSHRI A.B. ROY AND ANR.

2002 INSC 186Dismissed

The appellant, Ranajoy Bose, was charged under the Prevention of Food Adulteration Act, 1954 for selling adulterated tea leaves. The prosecution was launched after obtaining consent from the District Health Officer (IV) under Section 20(1) of the Act, as per a state notification. The appellant …

STATE (DELHI ADMINISTRATION)versusDHARAMPAL

2001 INSC 527Disposed off

The State of Delhi appealed the acquittal of Dharampal, who had been convicted under the Prevention of Food Adulteration Act for selling adulterated "lal mirch kutti". The Sessions Judge had set aside the conviction on the ground that the contents of the Central Food Laboratory certificate were not …

RAM LALversusSTATE OF RAJASTHAN

2000 INSC 499Disposed off

The appellant was prosecuted under the Prevention of Food Adulteration Act, 1954 for selling camel's milk to a food inspector, the milk having 25% added water. The trial court acquitted him on the ground that no specific standard existed for camel's milk, but the Rajasthan High Court convicted him, …

FOOD INSPECTOR, ERNAKULAM AND ANR.versusP.S. SREENIVASA SHENOY

2000 INSC 340Appeal(s) allowed

The Food Inspector purchased a sample of toor dal and, after a Public Analyst reported it adulterated with kesari dal, filed a complaint under the Prevention of Food Adulteration Act. The respondent challenged the prosecution, arguing that a fresh sanction under Section 20 was required when a later …

M/S. OMPARKASH SHIVPRAKASHversusK.I. KURIAKOSE AND ORS.

1999 INSC 506Appeal(s) allowed

The case concerned an order by a Judicial Magistrate that impleaded Mis. Omprakash Shivprakash Ltd as the sixth accused in a prosecution under Section 16(1) of the Prevention of Food Adulteration Act, 1954. The appellant challenged the order, arguing that the magistrate had no jurisdiction to invoke …

CALCUTTA MUNICIPAL CORPORATIONversusPAWAN K. SARAF AND ANR.

1999 INSC 9Dismissed

The Calcutta Municipal Corporation filed a special leave petition challenging the High Court’s order that quashed prosecution of Pawan K. Saraf for alleged adulteration of compounded asafoetida under the Prevention of Food Adulteration Act, 1954. The trial court had relied on a Public Analyst’s …

M/S. PEPSI FOODS LTD. AND ANR.versusSPECIAL JUDICIAL MAGISTRATE AND ORS.

1997 INSC 714Appeal(s) allowed

The consumer complained that a bottle of "Lehar Pepsi" he purchased was adulterated with fungus, leading to a complaint under the Prevention of Food Adulteration Act, 1954. The Special Judicial Magistrate summoned Pepsi Foods Ltd. and others, but the appellants challenged the summons in the High …

TAPAN KUMAR SADHUKHANversusFOOD CORPORATION OF INDIA

1996 INSC 904Disposed off

The Food Corporation of India (FCI) had a stock of sub‑standard rice and issued a tender inviting licensed dealers to purchase it on the condition that they would upgrade the rice before it entered the market for human consumption. Two licensed dealers challenged the tender, alleging it violated the …

SRI KRISHAN GOPAL SHARMA AND ANRversusGOVERNMENT OF N.C.T. O F DELHI

1996 INSC 637Dismissed

The Supreme Court examined criminal prosecutions under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 against manufacturers of pan masala and mouth freshener whose products contained saccharin at 2000 ppm and 2450 ppm, exceeding the limits prescribed by Rule 47 of the 1955 Food …

G. SUNDARESWARARAOversusTHE GOVERNMENT OF A. P. AND ORS.

1996 INSC 313Dismissed

The petitioner, a Junior Scientific Officer in the Andhra Pradesh Institute of Preventive Medicine Service, claimed he met the qualifications for promotion to Senior Scientific Officer but was denied because Rule 4(b) of the service's ad‑hoc rules required a minimum of five years of post‑graduate …

M/S. MURLIDHAR SHYAMLAL AND ANR .versusSTATE OF ASSAM

1996 INSC 97Dismissed

Murlidhar Shyamlal, a vendor, was charged under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated mustard oil. The trial court acquitted him, but the Assam High Court convicted him, relying on the absence of a proper warranty. The vendor argued …

DELHI CLOTH AND GENERAL MILLS CO. LTD.versusSTATE OF M.P. AND ORS.

1995 INSC 560Dismissed

The appellant, Delhi Cloth and General Mills Co. Ltd., was the manufacturer of vanaspati ghee that was found adulterated when sold by Laxmi Narain, who was prosecuted under Section 16 of the Prevention of Food Adulteration Act, 1954. During the trial, the magistrate, on the basis of evidence that …

PRABHUversusSTATE OF RAJASTHAN

1994 INSC 84Dismissed

The appellant, a milk vendor, had a sample of his milk taken by a food inspector on 19 March 1983, which was sent for analysis and reported as adulterated. He was convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, sentenced to six months imprisonment and …

K. KRISHNA IYERversusSTATE OF KERALA AND ANR.

1993 INSC 122Case Partly allowed

The appellant sold ice‑sticks that were examined by a public analyst who reported the presence of saccharin and dulcin, the latter being an adulterant declared injurious to health. A subsequent analysis by the Central Food Laboratory found only saccharin and no dulcin. The trial court convicted the …

STATE OF U. P.versusHANIF

1992 INSC 95Appeal(s) allowed

The State of Uttar Pradesh convicted Hanif under sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated milk, sentencing him to six months' rigorous imprisonment and a fine. The conviction was affirmed by the Sessions Court but set aside by the Allahabad High …

R. BANERJEE AND ORS.versusH.D. DUBEY AND ORS

1992 INSC 80Appeal(s) allowed

A food inspector seized samples of orange drink and vanaspati ghee from the godowns of Lipton India Ltd and Hindustan Lever Ltd and, after a public analyst’s report, found them adulterated and mis‑branded. Complaints were filed under sections 7 and 16 read with section 17 of the Prevention of Food …

M. RAJA MOHAMMED AND ANR.versusFOOD INSPECTOR, PALGHAT MUNICIPALITY

1991 INSC 313Disposed off

The Supreme Court examined whether the addition of saccharin, an artificial sweetener, to supari (pan masala) violated the Prevention of Food Adulteration Rules, 1955. The appellants were convicted under sections 7(i) and 16(1)(a)(i) of the Prevention of Food Adulteration Act for selling adulterated …

STATE OF ORISSAversusK. RAJESHWAR RAO

1991 INSC 293Appeal(s) allowed

The respondent, K. Rajeshwar Rao, sold cumin that was found to be adulterated on 13 March 1976. He was charged under Section 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954. The trial court and the High Court acquitted him on the ground that his father owned the …

RAJENDRA AND TWO OTHERSversusSTATE OF MADHYA PRADESH

1991 INSC 158Disposed off

The appellants, three brothers running a shop, were prosecuted under the Prevention of Food Adulteration Act, 1954 for selling tea dust that was found adulterated by the Public Analyst. The trial magistrate acquitted them, holding that the Public Analyst had not sent the report within 45 days as …

DINESHCHANDRA JAMNADAS GANDHIversusSTATE OF GUJARAT AND ANR.

1989 INSC 13Dismissed

The appellant, a small‑time tradesman, was convicted under the Prevention of Food Adulteration Act, 1954 for selling "Kesari coloured sweet supari sali" adulterated with a yellow basic coal‑tar dye. He argued that "supari" (betel nut) should be treated as a "fruit‑product" or a "flavouring agent" …

PANDURANG & ORS.versusSTATE OF MAHARASHTRA

1986 INSC 207Appeal(s) allowed

The State of Maharashtra appealed an acquittal of Pandurang and others under Sections 7(1), 16 and 17 of the Prevention of Food Adulteration Act, 1954. The appeal, which involved an offence punishable with imprisonment exceeding two years, was required by the Bombay High Court Appellate Side Rules, …

A.K ROY & ANR.versusSTATE OF PUNJAB AND ORS.

1986 INSC 205Appeal(s) allowed

The appellants, A.K. Roy and others, were charged under the Prevention of Food Adulteration Act, 1954 after a Food Inspector from Faridkot filed a complaint alleging adulteration of noodles. The Inspector claimed authority to prosecute based on a delegation of power from the State Government to the …

BOMBAY HAWKERS' UNION AND ORS.versusBOMBAY MUNICIPAL CORPORATION AND ORS.

1985 INSC 146Disposed off

The Bombay Hawkers' Union and several hawkers filed writ petitions under Article 32 challenging sections 313, 313‑A, 314(3) and 497 of the Bombay Municipal Corporation Act, 1888, alleging that the provisions gave the municipal authorities unfettered power to refuse licences and remove goods without …

STATE (DELHI ADMINISTRATION)versusPURAN MAL

1985 INSC 68Dismissed

The Delhi Administration prosecuted Puranmal for alleged adulteration of jal mirchi powder under the Prevention of Food Adulteration Act, 1954 after a public analyst reported nine live meal worms in a sample taken from his shop. The trial court held that the prosecution had not proved the powder was …

STATE OF MAHARASHTRAversusBABURAO RAVAJI MHARULKAR & ORS.

1984 INSC 198Case Partly allowed

The State of Maharashtra prosecuted Baburao Ravaji Mharulkar and others for selling ice cream that contained only 5.95% milk fat, below the 10% minimum prescribed by Paragraph A.11.02.08 of Appendix B to the Prevention of Food Adulteration Rules, 1955. The trial court acquitted the respondents, …

STATE OF PUNJABversusNOHAR CHAND

1984 INSC 112Appeal(s) allowed

The State of Punjab prosecuted Nohar Chand, a fertilizer manufacturer in Ludhiana, for producing sub‑standard fertilizer that was marketed through his agent, Sachdeva Enterprises, in Kapurthala. A sample taken from the agent’s premises was found sub‑standard, leading to a criminal complaint under …

CHARANJI LALversusSTATE OF PUNJAB

1983 INSC 161Appeal(s) allowed

A food inspector seized a sample of kutcha khoya from the appellant’s sweet‑meat shop, divided it into three parts and sent one to the public analyst (who found adulteration) and two to the local health authority. The appellant invoked his right under s.13(2) of the Prevention of Food Adulteration …

RAJINDER PERSHADversusSTATE OF HARYANA

1983 INSC 75Dismissed

A Food Inspector entered the appellant's grocery shop and demanded a sample of dhania for analysis. The appellant left the shop under the pretext of passing urine and did not return for about one and a half hours, after which the inspector took the sample in his absence. The appellant was charged …

STATE OF PUNJABversusDEVINDER KUMAR & ORS.

1983 INSC 35Appeal(s) allowed

The State of Punjab filed criminal proceedings under Section 7(i) of the Prevention of Food Adulteration Act, 1954 against a vendor, a dealer and a manufacturer of vanaspati after a food inspector took a 1.5 kg sample by opening one sealed tin of 16.5 kg and found the product adulterated. The Punjab …

T. BARAIversusHENRY AH HOE AND ANOTHER

1982 INSC 92Dismissed

The appellant, a food inspector, charged the respondents with adulterating food under s.16(1)(a) of the Prevention of Food Adulteration Act, 1954 as it stood in West Bengal after the 1973 State amendment, which prescribed life imprisonment and made the offence triable only by a Sessions Court. While …

MUNICIPAL CORPORATION OF DELHIversusRAM KISHAN ROHTAGI AND OTHERS

1982 INSC 89Case Partly allowed

A food inspector found toffees sold by a shop to be adulterated under the Prevention of Food Adulteration Act. The Municipal Corporation of Delhi filed a complaint against the manufacturer, its manager and its directors. The Metropolitan Magistrate summoned all accused, but the Delhi High Court …

S.S. DHANOAversusMUNICIPAL CORPORATION, DELHI & ORS.

1981 INSC 115Dismissed

S.S. Dhanoa, an IAS officer, was deputed as General Manager of the Super Bazaars run by the Cooperative Store Ltd., a society registered under the Bombay Cooperative Societies Act. He was charged under the Prevention of Food Adulteration Act for selling adulterated honey and argued that he was a …

AMRUTLAL CHUNILAL RAVALversusDATTATRAYA PANDURANG HAJARNIS & ORS.

1980 INSC 225Dismissed

Amrutlal Chunilal Raval was elected President of the Bhor Municipal Council in 1974, but a prior conviction on 26 December 1973 under the Prevention of Food Adulteration Act rendered him disqualified under Section 16(1)(a) of the Maharashtra Municipalities Act, 1965, which imposes a five‑year bar …

KASAMBHAI ARDUL REHMANBHAI SHAIKHversusSTATE OF GUJARAT & ANR.

1980 INSC 24Appeal(s) allowed

The accused were charged under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 for adulterating turmeric powder. After the prosecution presented some evidence, a plea‑bargaining arrangement was reached among the prosecution, the defence and the magistrate, …

STATE OF TAMIL NADUversusR. KRISHNAMURTHY

1979 INSC 240Dismissed

The State of Tamil Nadu appealed the acquittal of R. Krishnamurthy, who had sold gingelly oil adulterated with 15% groundnut oil and claimed it was for external use only. The trial court convicted him under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, but the Sessions Judge …

GANESHMAL JASHRAJversusGOVT. OF GUJARAT ANP ANR.

1979 INSC 227Appeal(s) allowed

Ganeshlal Jashraj was charged under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for selling adulterated turmeric powder to a food inspector. He pleaded not guilty, but after the prosecution evidence closed he was examined under section 313 of the CrPC and, via …

STATE (DELHI ADMINISTRATION)versusI. K. NANGIA AND ANR.

1979 INSC 218Appeal(s) allowed

The State of Delhi filed a complaint under the Prevention of Food Adulteration Act, 1954 alleging that groundnut oil sold by Ahmed Oomer Bhoy's Delhi branch was adulterated. The complaint named the manufacturers, distributors, retailer, the person nominated under s.17(2) as responsible, and the two …

MUNICIPAL CORPORATION OF DELHversusTEK CHAND BHATIA

1979 INSC 203Appeal(s) allowed

The Municipal Corporation of Delhi appealed the acquittal of Tek Chand Bhatia, a wholesale dealer in cashew nuts, who was charged under the Prevention of Food Adulteration Act, 1954 for selling insect‑infested nuts. Samples taken from his shop were found to be infested by more than 20% insects. The …