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november 1976

Supreme Court of India · 1976-11-17

KISAN TRIMBAK KOTHULA & ORS. vs STATE OF MAHARASHTRA

Citation / case number
SC 1976/60844
Court
Supreme Court of India
Petitioner
KISAN TRIMBAK KOTHULA & ORS.
Respondent
STATE OF MAHARASHTRA
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, individuals involved in the storage or sale of adulterated food are subject to a minimum imprisonment of 6 months unless special reasons are provided. The Court clarified that the addition of water to milk constitutes adulteration under Section 2(i)(b)(c) or (d). The appeal was dismissed, affirming the High Court's decision to enhance the sentence for the accused to the minimum term of imprisonment due to their failure to prove eligibility for the proviso under Section 16(1)(a)(i).

KISAN TRIMBAK KOTHULA & ORS. vs STATE OF MAHARASHTRA · Niyam