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april 1983

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.

STATE OF PUNJAB vs DEVINDER KUMAR & ORS. · Niyam