Kishore Biyani v. The State of Jharkhand and Ors. - (High Court of Jharkhand) (29 Sep 2015)

Court dismisses food adulteration proceedings against Kishore Biyani

MANU/JH/1169/2015

Food Adulteration

In a case where upon finding a violation of the Prevention of Food Adulteration Rules, 1955 for insufficient information on the label of ‘Chana Besan’ sold in ‘Big Bazar and summons were issued on the Managing Director of Pantaloon Retail (India), the Court quashed not only the summons but also the food adulteration proceedings. Noting that the packets of ‘Chana Besan’ made clear that the singular content of the packet was ‘chana’, it was not necessary to repeat the ‘ingredient’ under the Rules. Further, even if the proceedings were not quashed, Pantaloon Retail (India) would have to be arrayed as an accused, which it had not been, under Section 17 of the Prevention of Food Adulteration Act, 1954, in order to make Petitioner vicariously liable.

Relevant : Section 2 Prevention of Food Adulteration Act, 1954 Act Section 17 Prevention of Food Adulteration Act, 1954 Act

Tags : FOOD ADULTERATION VICARIOUS MANAGEMENT COMPANY MISBRANDING