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Legislation

Prevention of Food Adulteration Rules, 1955

28 Supreme Court judgments cite this Act.

VIJENDRAversusSTATE OF UTTAR PRADESH

2019 INSC 84531 July 2019Appeal(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 Vijendra by registered post

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

2007 INSC 67230 May 2007Case 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 Laboratory. The tria

DINESH KUMARversusSTATE OF M.P.

2004 INSC 62427 October 2004Appeal(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 permissible limits and the m

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

2008 INSC 41127 March 2008Case 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. The High Court held t

STATE OF MAHARASHTRAversusBABURAO RAVAJI MHARULKAR & ORS.

1984 INSC 19826 October 1984Case 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, holding that the rule wa

STATE (DELHI ADMINISTRATION)versusPURAN MAL

1985 INSC 6826 March 1985Dismissed

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 adulterated and acq

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

1991 INSC 31322 November 1991Disposed 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 supari containing s

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

2010 INSC 78618 November 2010Appeal(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 2(ia)(h) of the Preven

RAJENDRA AND TWO OTHERSversusSTATE OF MADHYA PRADESH

1991 INSC 15818 July 1991Disposed 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 required by Rule 7(3) a

DHARIWAL TOBAGO PRODUCTS LTD. AND OTHERSversusSTATE OF MAHARASHTRA AND ANOTHER

2008 INSC 146017 December 2008Appeal(s) allowed

Dhariwal Tobaco Products Ltd. and its senior officials were charged with manufacturing adulterated Gutkha, violating Rule 62(1) of the Prevention of Food Adulteration Rules, 1955. A Judicial Magistrate issued summons, and the accused filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking

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

2023 INSC 37517 April 2023Appeal(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 Act, 1954, leading

DINESHCHANDRA JAMNADAS GANDHIversusSTATE OF GUJARAT AND ANR.

1989 INSC 1317 January 1989Dismissed

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" under Rules 23, 28 and

STATE OF H.P.versusNARENDRA KUMAR AND ANR.

2004 INSC 11116 February 2004Appeal(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 public analyst. The analy

FOOD INSPECTOR, MUNICIPAL CORPORATION, BARODAversusMADANLAL RAMLAL SHARMA AND ANOTHER

1982 INSC 9614 December 1982Dismissed

The Food Inspector of the Baroda Municipal Corporation purchased curd from the respondents' shop and sent samples for analysis, which showed marginal adulteration. The trial court convicted the respondents under the Prevention of Food Adulteration Act, 1954, but the Sessions Judge acquitted them on the ground that the

DAYAL SINGHversusSTATE OF RAJASTHAN

2004 INSC 26213 April 2004Dismissed

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 amended to permit m

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

1992 INSC 8013 March 1992Appeal(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 Adulteration Act, 195

CALCUTTA MUNICIPAL CORPORATIONversusPAWAN K. SARAF AND ANR.

1999 INSC 913 January 1999Dismissed

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 report finding the sampl

HINDUSTAN UNILEVER LTD.versusSTATE OF RAJASTHAN & ANR.

2016 INSC 117612 April 2016Appeal(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 PFA Act to have a s

MUNICIPAL CORPORATION OF DELHversusTEK CHAND BHATIA

1979 INSC 20311 October 1979Appeal(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 Supreme Court examin

S.S. DHANOAversusMUNICIPAL CORPORATION, DELHI & ORS.

1981 INSC 1158 May 1981Dismissed

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 public servant under cl

SUBHASH CHANDversusSTATE (DELHI ADMINISTRATION)

2013 INSC 158 January 2013Appeal(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 Procedure, 1973, wh

BENNY THOMASversusFOOD INSPECTOR, KOCHI AND ANR.

2008 INSC 7747 July 2008Dismissed

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 and relevant Rules. O

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

1996 INSC 6377 May 1996Dismissed

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 Adulteration Rules. T

STATE OF PUNJABversusDEVINDER KUMAR & ORS.

1983 INSC 357 April 1983Appeal(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 & Haryana High Cour

ACADEMY OF NUTRITION IMPROVEMENT AND ORS.versusUNION OF INDIA

2011 INSC 4314 July 2011Disposed 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 the Constitution and

SWADESI JAGARAN MANCHversusSTATE OF ORISSA & ANR.

2011 INSC 4334 July 2011Hearing 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 five pending cases

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