Supreme Court of India
M/s Alkem Laboratories Ltd. v. State of Madhya Pradesh and Anr.
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What the Court ordered
We are of the view that Respondent No. 2 erred in not making query to the Retailer, at the first instance, about the marketer of the Jelly , as she was empowered to do under Section 14A of the 1954 Act.
Judgment, page 15
From the headnote
Prevention of Food Adulteration Act, 1954: s.20A – Impleadment of appellant who was marketer of packed food articles ‘sugarless Jelly’ – The said food ar ticle was manufactur ed by a separate entity – Pr osecution case was that Food Inspector - Respondent no.2 pur chased packed jars of Jelly fr om the r etailer for testing – As per r epor t of Public Analyst, the Jelly sample contained sugar and ther efore was misbranded – Retailer pr oduced a r eceipt showing that the jelly was pur chased fr om appellant – Complaint filed by r espondent no.2 for offence of sale of misbranded food article
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