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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.

M/S PARAKH FOODS LTD. vs STATE OF A.P. · Niyam