Supreme Court of India · 1964-11-23
HAMDARD DWAKHANA (WAKE), DELHI & ANR. vs UNION OF INDIA AND OTHERS
- Citation / case number
- SC 1964/90460
- Court
- Supreme Court of India
- Petitioner
- HAMDARD DWAKHANA (WAKE), DELHI & ANR.
- Respondent
- UNION OF INDIA AND OTHERS
- Author
- GAJENDRAGADKAR, P.B. (),HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.,BACHAWAT, R.S.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.,BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court upheld the validity of the Fruit Products Order, 1955, under Section 3 of the Essential Commodities Act, 1955, affirming that 'Sharbat Rooh Afza' qualifies as a fruit product as per Clause 2(d) of the Order. The Court rejected the appellants' argument that the order should have been issued under the Prevention of Food Adulteration Act, 1954, stating that the regulations were within the purview of Section 3(1) of the Essential Commodities Act. The Court also found that the restrictions imposed were reasonable and constitutionally valid, thereby dismissing the appeal.