RUPAK KUMAR versus STATE OF BIHAR & ANR.

RUPAK KUMAR versus STATE OF BIHAR & ANR.

‘Storage’ of adulterated food must be for sale to attract section 16; mere storage for consumption does not constitute an offence.

Parties
Appellant: Rupak Kumar; Respondent: State of Bihar & Anr.
Jurisdiction
India
Judgment Date
04 March 2014
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dismissing Application for Quashing Proceedings
Outcome
Appeals allowed; prosecutions quashed
Legal Topics
Quashing of Criminal Proceedings, Food Adulteration, Scope of 'store' Under Prevention of Food Adulteration Act
Criminal Law Food Safety Law Quashing of Criminal Proceedings Food Adulteration Scope of 'store' Under Prevention of Food Adulteration Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Rupak Kumar

Appellant

State of Bihar & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Dismissing Application for Quashing Proceedings

Legal Issues

  1. 1 Whether storing adulterated food for prison inmates amounts to an offence under section 16 of the Prevention of Food Adulteration Act, 1954
  2. 2 Interpretation of ‘store’ under section 7 and section 16 of the Prevention of Food Adulteration Act, 1954

Ratio Decidendi

‘Storage’ of adulterated food must be for sale to attract section 16; mere storage for consumption does not constitute an offence.

Court Disposition

Appeals allowed; prosecutions quashed

Orders

  • Impugned orders set aside
  • Appellant’s prosecution in both cases quashed