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december 1984

Supreme Court of India · 1984-12-05

MUNICIPAL CORPORATION OF DELHI vs NEW KWALlTY SWEET HOUSE & ORS.

Citation / case number
SC 1979/62887
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPORATION OF DELHI
Respondent
NEW KWALlTY SWEET HOUSE & ORS.
Author
Y.V. (() CHANDRACHUD
Bench
Y.V. ((CJ) CHANDRACHUD

Judgment text excerpt

The Supreme Court held that under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, the conviction of a person accused of selling adulterated food is not impeded by sending a lesser quantity than prescribed for analysis, provided the quantity is sufficient for satisfactory analysis. The Court found that the lower courts erred in acquitting the accused based on the quantity sent for analysis, but chose not to interfere with the acquittal. The judgment in State of Kerala v. Alaserry Mohammed was followed.

MUNICIPAL CORPORATION OF DELHI vs NEW KWALlTY SWEET HOUSE & ORS. · Niyam