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april 2009

Supreme Court of India · 2009-04-22

Ramjee Prasad & Anr vs State Of Bihar

Citation / case number
AIR 2009 SC (SUPP) 2184
Court
Supreme Court of India
Petitioner
Ramjee Prasad & Anr
Respondent
State Of Bihar
Bench
J.M. Panchal, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the High Court erred in convicting the appellants under Section 16(1)(a)(ii) of the Food Adulteration Act, as the trial and appellate courts had misapplied the penal provisions. The Court emphasized that the ingredients for conviction under Section 16(1)(a)(i) and Section 16(1)(a)(ii) are distinct, and changing the nature of the offence prejudiced the appellants' defense. Consequently, the appeal was allowed, the lower court orders were set aside, and the appellants were acquitted.

Ramjee Prasad & Anr vs State Of Bihar · Niyam