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may 1973

Supreme Court of India · 1973-05-01

V. N. KAMDAR AND ANOTHER vs MUNICIPAL CORPORATION OF DELHI

Citation / case number
SC 1973/60336
Court
Supreme Court of India
Petitioner
V. N. KAMDAR AND ANOTHER
Respondent
MUNICIPAL CORPORATION OF DELHI
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that under the Prevention of Food Adulteration Act, 1954, Sections 20 and 20A do not mandate the joinder of a warrantor in the trial of a vendor accused of selling adulterated food. The Court clarified that while Section 20A allows for the discretion of the Magistrate to implead the manufacturer or dealer, it is not obligatory. Consequently, the non-impleadment of the appellants in the trial against the vendor does not bar their subsequent prosecution for issuing a false warranty, leading to the dismissal of the appeal.

V. N. KAMDAR AND ANOTHER vs MUNICIPAL CORPORATION OF DELHI · Niyam