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november 2010

Supreme Court of India · 2010-11-18

Pepsico India Holdings Pvt.Ltd vs Food Inspector & Anr

Citation / case number
AIR 2011 SC (CRIMINAL) 58
Court
Supreme Court of India
Petitioner
Pepsico India Holdings Pvt.Ltd
Respondent
Food Inspector & Anr
Author
Altamas Kabir
Bench
Deepak Verma, Cyriac Joseph, Altamas Kabir

Judgment text excerpt

The Supreme Court addressed the maintainability of criminal prosecutions against Pepsico India Holdings Pvt. Ltd. under the Prevention of Food Adulteration Act, 1954, specifically examining Section 23(1-A)(hh) and Section 2(ia)(h). The Court held that prosecutions cannot be sustained without a validated method of analysis for pesticide residue, as the Public Analyst's report was deemed unreliable. Consequently, the Court quashed the cognizance taken by the Chief Judicial Magistrate, allowing the appeals of the Appellants.

Pepsico India Holdings Pvt.Ltd vs Food Inspector & Anr · Niyam