Supreme Court of India · 2009-04-28
State Of Gujarat & Anr vs Rameshchandra Shivratan Kosar & ...
- Citation / case number
- AIR 2009 SC (SUPP) 2782
- Court
- Supreme Court of India
- Petitioner
- State Of Gujarat & Anr
- Respondent
- Rameshchandra Shivratan Kosar & ...
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the Gujarat High Court erred in quashing proceedings under Section 482 of the Code of Criminal Procedure, 1973, concerning complaints under Section 16 read with Section 7(1) and 7(5) of the Prevention of Food Adulteration Act, 1954. The Court emphasized that the High Court did not adequately consider the factual controversies involved, which could not be resolved in a Section 482 proceeding. Consequently, the Supreme Court set aside the High Court's order and allowed the appeals, clarifying that the intervention was based on procedural grounds, not on the merits of the case.