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march 1979

Supreme Court of India · 1979-03-23

MUNICIPAL CORPORATION OF DELHI vs R. SAHARI, GENL. MANAGER, DAURALA SUGAR MILLS, DAURALA & OR

Citation / case number
SC 1972/60242
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPORATION OF DELHI
Respondent
R. SAHARI, GENL. MANAGER, DAURALA SUGAR MILLS, DAURALA & OR
Bench
FAZALALI, SYED MURTAZA

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 20A of the Prevention of Food Adulteration Act, determining that a Magistrate may only implead distributors or manufacturers during the trial of an offence, not after acquitting the last seller based on a warranty. The Court held that the discretionary power under Section 20A cannot be exercised post-acquittal, affirming the High Court's decision to set aside the Magistrate's order to implead the respondents in the first set of appeals while upholding the order in the second set. The judgment clarifies the procedural limits of prosecutorial discretion under the Act.

MUNICIPAL CORPORATION OF DELHI vs R. SAHARI, GENL. MANAGER, DAURALA SUGAR MILLS, DAURALA & OR · Niyam