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Manibhadra Food Products, Bangalore v/s State of Karnataka & Another


Company & Directors' Information:- B. P. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MP1994PTC032994

Company & Directors' Information:- S P P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412DL2004PTC128666

Company & Directors' Information:- J S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15314OR1991PTC002964

Company & Directors' Information:- H R B FOOD PRODUCTS PVT LTD [Active] CIN = U15146WB1988PTC045281

Company & Directors' Information:- V D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400DL2012PTC231717

Company & Directors' Information:- P R FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC030483

Company & Directors' Information:- S S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15310MH2003PTC142530

Company & Directors' Information:- B K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15312OR1996PTC004541

Company & Directors' Information:- O H P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U52205DL1999PTC100269

Company & Directors' Information:- K V FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15122DL2007PTC162739

Company & Directors' Information:- K. C. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15431JK1982PTC000554

Company & Directors' Information:- K I C FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15316DL1979PTC009757

Company & Directors' Information:- R B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15313DL2010PTC202753

Company & Directors' Information:- R K B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490KL2013PTC033500

Company & Directors' Information:- S K G FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15419UP1991PTC013771

Company & Directors' Information:- FOOD KARNATAKA LIMITED [Active] CIN = U01513KA2003PLC031873

Company & Directors' Information:- B H FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15134DL1997PTC084273

Company & Directors' Information:- N S FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1992PTC055591

Company & Directors' Information:- H N FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15146UP1990PTC011540

Company & Directors' Information:- V K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412UP1988PTC010023

Company & Directors' Information:- B M FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15419WB1993PTC060386

Company & Directors' Information:- I K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1991PTC051852

Company & Directors' Information:- S S V FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15499AP1982PTC003547

Company & Directors' Information:- S Q P FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15100MH2003PTC139217

Company & Directors' Information:- F S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MH2000PTC126031

Company & Directors' Information:- Z K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400MH2010PTC209818

Company & Directors' Information:- M B S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U01112WB2003PTC096375

Company & Directors' Information:- N D FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15131DL2002PTC115754

Company & Directors' Information:- C K M FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1998PTC012358

Company & Directors' Information:- G S C FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15316WB1985PTC038398

Company & Directors' Information:- A K G FOOD PRODUCTS PVT LTD [Under Liquidation] CIN = U15412WB1990PTC049789

Company & Directors' Information:- J M D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15419DL1998PTC097578

Company & Directors' Information:- L K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15200TG2016PTC103411

Company & Directors' Information:- FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15431JK1966PTC000304

Company & Directors' Information:- R R FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PN2015PTC154753

Company & Directors' Information:- A N FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400TG2013PTC091969

Company & Directors' Information:- R V S K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490DL2012PTC245851

Company & Directors' Information:- BANGALORE FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15139KA1983PTC005176

Company & Directors' Information:- K G Y FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400KA1984PTC005909

Company & Directors' Information:- FOOD PRODUCTS (INDIA) PVT. LTD. [Strike Off] CIN = U15311HR1994PTC032356

Company & Directors' Information:- M K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15209DL1979PTC009924

    Writ Petition No. 46977 of 2015 (GM-RES)

    Decided On, 07 January 2016

    At, High Court of Karnataka

    By, THE HONOURABLE MRS. JUSTICE RATHNAKALA

    For the Petitioner: Rajesh S. for Harikrishna S. Holla, Advocate. For the Respondents: Chetan Desai, High Court Government Pleader.



Judgment Text

1. The petitioner is arrayed as accused in a private complaint lodged by the respondent 2 in respect of the offence under Sections 2(i-a) and 7(ii) read with Rule 32(e) punishable under Section 16(1) of the Prevention of Food Adulteration Act 1954 (‘the Act’ for brevity).

2. The gist of the allegation is, the sample was misbranded vide label 3(c) and batch/lot number not printed on the label.

3. Sri S. Rajesh appearing on behalf of Sri Harikrishna S. Holla, learned Counsel for the petitioner submits that, in view of the judgment of the Apex Court in Dwarka Nath and Another v Municipal Corporation of Delhi (AIR 1971 SC 1844 : (1971) 2 SCC 314 : 1971 SCC (Cri.) 514 : 1971 Cri.L.J.1290 (SC)), the petitioner cannot be prosecuted for misbranding of the sample and it is not an offence attracting punishment under Section 16(1) of the Act.

4. Sri Chetan Desai, learned High Court Government Pleader for the respondent submits that, 'misbranded' is defined under Section 2(i-x) and 2(k) of the Act and said offence is made punishable under Section 16(1)(a)(i) of the Act. Rule 32 of the Prevention of Food Adulteration Rules, 1955 (‘the Rules’ for short). Part VII of the Rules pertains to ‘Packing and Labelling of foods’. Rule 32 elaborates the obligation of the manufacturer to label every prepackaged foods. The judgment of the Apex Court stated supra was in respect of merits of entire case of the prosecution. After a full-fledged trial, the accused was convicted by the Trial Court in respect of the offence under Rule 32(b) and 32(e) of the Rules. For the lapse on the part of the prosecution in not bringing on record how the public was deceived for misbranding, the accused came to be acquitted by the Apex Court. But the present case is still on the threshold and the prosecution shall be allowed to adduce their evidence and the proceedings cannot be quashed at this initial stage.

5. As such, the sample is found to be fit, but the only allegation is misbranding of the sample. 'Misbranded' as at Section 2(i-x) and 2(k) of the Act, which reads thus:

'2. (i-x) 'Misbranded' an article of food shall be deemed to be misbranded.-

(k) if it is not labelled in accordance with the requirements of this Act or rules made thereunder.'

Is the relevant provision for the present purpose. Rule 32(e) of the Rules is relevant for our purpose, which reads thus:

'32. Every prepackaged food to carry a label. - …

(a) to (d) ……

(e) Lot/Code/Batch identification.-A batch number or code number or lot number which is a mark of identification by which the food can be traced in the manufacture and identified in the distribution, shall be given on the label:

Provided that in case of packages containing bread and milk including sterilised milk, particulars under this clause shall not be required to be given on the label.'

6. The Apex Court in the judgment cited supra, on an elaborate discussion of clause (e) of Rule 32 observed thus:

1/21. There is no definition of the expression 'batch number' or 'Code number' either in the Act or the Rules. It is also admitted that even assuming that the batch or code number has to be given, there is no further obligation to specify in the label the date of packing and manufacture of the article of food or the period within which the article of food has to be utilised, used or consumed. In the absence of any obligation to give the particulars mentioned by us above, the public or the purchaser will not be able to find out even the freshness of the contents of a container. Therefore, it follows that merely giving an artificial batch number or code number will not be of any use to the public or to the purchaser. In view of all these circumstances we are of the opinion that Rule 32(e) is beyond the rule making power even under Section 23(1-A)(d) of the Act. The appellants could not be convicted for any violation of clause (e) of Rule 32 as the said provision, as pointed out above, is

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invalid.' 7. Though the above judgment was passed both on appreciation of facts and also the question of law raised, since Rule 32(e) of the Rules is held invalid, there cannot be any more prosecution under Rule 32(e) of the Rules. Hence, the petition is allowed. The proceedings in c.c. No. 218 of 2008 on the file of Principal Civil Judge (Junior Division) and Judicial Magistrate First Class, Maddur (District Mandya), is quashed.
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