RAMDAS BHIKAJI CHAUDHARI versus SADA NAND & ORS.

RAMDAS BHIKAJI CHAUDHARI versus SADA NAND & ORS.

The High Court's acquittal was legally erroneous as it was based on Rajlal Das Pamnani's case, which had been overruled by a larger bench in State of Kerala v. Alassary Mohammed. The correct law is that Rule 22 is directory, not mandatory; conviction cannot be set aside merely because the sample sent was less than 500 grams if the analyst could conduct necessary analysis.

Parties
Appellant: Ramdas Bhikaji Chaudhari; Respondent: Sada Nand; Respondent: Respondent No. 2; Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
03 October 1979
Procedural Posture
Criminal Appeal / Appeal by Special Leave Under Article 136
Outcome
Appeal allowed. Acquittal set aside. Respondents convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced to a fine.
Legal Topics
Prevention of Food Adulteration, Effect of Overruling Precedent, Exercise of Supreme Court Discretion Under Article 136
Criminal Law Food Safety Law Prevention of Food Adulteration Effect of Overruling Precedent Exercise of Supreme Court Discretion Under Article 136

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Parties

Ramdas Bhikaji Chaudhari

Appellant

Sada Nand

Respondent

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave Under Article 136

Legal Issues

  1. 1 Whether acquittal based on a precedent subsequently overruled by a larger bench is sustainable
  2. 2 Whether Rule 22 of the Prevention of Food Adulteration Rules is mandatory or directory
  3. 3 Appropriate sentence upon conviction under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act

Ratio Decidendi

The High Court's acquittal was legally erroneous as it was based on Rajlal Das Pamnani's case, which had been overruled by a larger bench in State of Kerala v. Alassary Mohammed. The correct law is that Rule 22 is directory, not mandatory; conviction cannot be set aside merely because the sample sent was less than 500 grams if the analyst could conduct necessary analysis.

Court Disposition

Appeal allowed. Acquittal set aside. Respondents convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced to a fine.

Orders

  • Order of the High Court acquitting the respondents set aside.
  • Respondents convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act.