Supreme Court of India · 2008-03-27
M/S PARAKH FOODS LTD. vs STATE OF A.P.
- Citation / case number
- SC 2007/28280
- Court
- Supreme Court of India
- Petitioner
- M/S PARAKH FOODS LTD.
- Respondent
- STATE OF A.P.
- Author
- LOKESHWAR SINGH PANTA P.P. NAOLEKAR
- Bench
- LOKESHWAR SINGH PANTA P.P. NAOLEKAR
Judgment text excerpt
The Supreme Court upheld the Andhra Pradesh High Court's ruling that while the prosecution against M/s Parakh Foods Ltd. was quashed due to lack of evidence of warranty from the vendor, a clear case of misbranding under Rule 37 D of the Prevention of Food Adulteration Rules, 1955 was established. The Court emphasized that the label's misleading images of vegetables unrelated to soyabean oil constituted a violation of Section 2(ix)(k) and Section 7(ii) of the Prevention of Food Adulteration Act, 1954. The Court clarified that the High Court's decision does not prevent the Magistrate from prosecuting the appellant if further evidence arises during trial.