Supreme Court of India · 1983-04-07
STATE OF PUNJAB vs DEVINDER KUMAR & ORS.
- Citation / case number
- SC 1981/63660
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB
- Respondent
- DEVINDER KUMAR & ORS.
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that Rule 22-A of the Prevention of Food Adulteration Rules, 1955 allows for the taking of samples from sealed containers, even if the container is larger than the required sample size. The Court clarified that the prosecution against the vendor, dealer, and manufacturer was valid despite the sample being taken from an opened container, as the rule does not prohibit this practice. The High Court's decision to quash the proceedings was overturned, affirming that the prosecution could proceed under Section 7(i) of the Prevention of Food Adulteration Act, 1954.