Tuesday, 10 November 2015

When offence of misbranding of food article is made out as per prevention of food adulteration Act?

Report of the Analyst is as under :-
"The sample of Marvo cream bearing code No. ABD/107/MCA & Sr. No. 1868 of L(H)A is of Vanaspati & is not of cream hence it is misbranded sample does not conform to the standards of cream as per P.F.A. Rules 1955."
 The title given on the label like cream and the opinion given by the Analyst are sufficient to make out the case of misbranding. Surprisingly, one zerox copy of another label is produced by the applicant in this proceeding along with the proceeding in support of defence. However, during the argument, the learned counsel for the applicant admitted that this label appears to be different than the label which is described in Form No. VI by the complainant. In any case, the case of the complainant needs to be considered as it is for the purpose of present proceeding. The defence that even Vanaspati 
can be used for bakery item cannot be accepted when it is case of misbranding.
Bombay High Court
Aravind Shankar Manegaonkar vs The State Of Mah on 5 November, 2014
Bench: T.V. Nalawade
Citation; 2015 CRLJ(NOC)482 BOM
Read full judgment here; click here

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