VidhiSangh

Supreme Court of India · 17/04/2023

M/S SRI MAHAVIR AGENCY & ANR. versus THE STATE OF WEST BENGAL & ANR.

[2023] 4 S.C.R. 126 · 2023 INSC 375

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Summary

A dealer who bought sealed packets of 'Pan Parag' pan masala from the manufacturer and sold them on was convicted under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 after samples drawn from his buyer's premises failed analysis; his buyers were acquitted under Section 19(2) on the strength of his bill. The Supreme Court set aside the concurrent conviction, holding that the manufacturer's invoice certifying that the goods were warranted to be of the nature and quality they purported to be satisfied Section 14, Rule 12A and Form VIA, that the appellant, having sold the article, was a 'vendor' as understood in Mangaldas Raghavji Ruparel, and that he was therefore entitled to the defence under Section 19(2)(a)(ii).

Issues

  1. Whether a seller of packaged food who purchased it from the manufacturer under an invoice containing a certification of nature and quality holds a written warranty in the prescribed form so as to attract the defence under Section 19(2) of the Prevention of Food Adulteration Act, 1954.
  2. Whether such an intermediate seller is a 'vendor' entitled to that defence.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 08.06.2016 and the conviction and sentence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act set aside; bail bonds discharged.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 126.