Supreme Court of India · 2007-05-30
State Of Gujarat vs Rameshbhai Thobhanbhai
- Citation / case number
- AIRONLINE 2007 SC 95
- Court
- Supreme Court of India
- Petitioner
- State Of Gujarat
- Respondent
- Rameshbhai Thobhanbhai
- Bench
- R.V. Raveendran, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that under Section 13(2) of the Prevention of Food Adulteration Act, 1954, the accused is liable to pay the fee for the second analysis of a food sample, overturning the previous order that placed this obligation on the complainant. The Court referenced its earlier decision in Crl. Appeal No. 38/2001, which clarified the responsibilities regarding payment for analysis fees. Consequently, the appeal was allowed, and the orders of the High Court and the Magistrate were set aside.