Supreme Court of India · 1995-11-28
SURESH H. RAJPUT vs BHARTIBEN PRAVINBHAI SONI .
- Citation / case number
- SC 1992/84479
- Court
- Supreme Court of India
- Petitioner
- SURESH H. RAJPUT
- Respondent
- BHARTIBEN PRAVINBHAI SONI .
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that under Section 20(1) of the Food Adulteration Act, 1954, written consent from the appropriate government or an authorized person is mandatory before instituting prosecution for offences under the Act. The Court found that the local health authority had the requisite power to grant such consent, and thus the acquittal by the Magistrate on the grounds of invalid consent was erroneous. The Court reversed the High Court's order and allowed the appeals, thereby reinstating the prosecution against the respondent.