Supreme Court of India
M/s Alkem Laboratories Ltd. v. State of Madhya Pradesh and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that Respondent No. 2 erred in not making query to the Retailer, at the first instance, about the marketer of the Jelly, as she was empowered to do under Section 14A of the 1954 Act.
Judgment, page 15
From the headnote
Prevention of Food Adulteration Act, 1954: s.20A – Impleadment of appellant who was marketer of packed food articles ‘sugarless Jelly’ – The said food article was manufactured by a separate entity – Prosecution case was that Food Inspector- Respondent no.2 purchased packed jars of Jelly from the retailer for testing – As per report of Public Analyst, the Jelly sample contained sugar and therefore was misbranded – Retailer produced a receipt showing that the jelly was purchased from appellant – Complaint filed by respondent no.2 for offence of sale of misbranded food article under…
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