OM PRAKASH versus DELHI ADMINISTRATION & ANR.

OM PRAKASH versus DELHI ADMINISTRATION & ANR.

Each taking of a sample for analysis from a different receptacle constitutes a distinct and independent sale under the Act, and if the sample is found adulterated, each is a separate offence. The High Court was right in holding the appellant was liable to be tried for each separate offence.

Parties
Appellant: Om Prakash; Respondent: Delhi Administration; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
10 December 1975
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Decision; Appeal Dismissed
Outcome
Appeal dismissed
Legal Topics
Food Adulteration, Multiplicity of Offences, Interpretation of 'sale' in Food Laws
Criminal Law Food Safety Food Adulteration Multiplicity of Offences Interpretation of 'sale' in Food Laws

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Parties

Om Prakash

Appellant

Delhi Administration

Respondent

Respondent No. 2

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Decision; Appeal Dismissed

Legal Issues

  1. 1 Whether taking of samples from different receptacles at one time constitutes one or several offences under the Prevention of Food Adulteration Act, 1954

Ratio Decidendi

Each taking of a sample for analysis from a different receptacle constitutes a distinct and independent sale under the Act, and if the sample is found adulterated, each is a separate offence. The High Court was right in holding the appellant was liable to be tried for each separate offence.

Court Disposition

Appeal dismissed

Orders

  • High Court order remanding case for retrial on six offences affirmed.