STATE OF PUNJAB versus DEVINDER KUMAR & ORS.

STATE OF PUNJAB versus DEVINDER KUMAR & ORS.

Samples may be validly taken by opening a sealed container, even if the quantity inside is larger than required under Rule 22; Rule 22-A does not prohibit such sampling. Dealer and manufacturer can be jointly prosecuted with vendor if allegations justify it. High Court erred in quashing criminal proceedings at the interlocutory stage where prosecution evidence is pending.

Parties
Appellant: State of Punjab; Respondent: Devinder Kumar & Ors.
Jurisdiction
India
Judgment Date
07 April 1983
Procedural Posture
Criminal Appeal by Special Leave / Appeal From Quashing of Prosecution by High Court at Interlocutory Stage
Outcome
Appeals allowed; High Court judgment and orders set aside
Legal Topics
Prevention of Food Adulteration, Joinder of Accused, Procedures in Criminal Prosecution, Rule Interpretation
Criminal Law Food Safety Law Prevention of Food Adulteration Joinder of Accused Procedures in Criminal Prosecution Rule Interpretation

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Parties

State of Punjab

Appellant

Devinder Kumar & Ors.

Respondent

Procedural Posture

Criminal Appeal by Special Leave / Appeal From Quashing of Prosecution by High Court at Interlocutory Stage

Legal Issues

  1. 1 Whether sample taken after opening a sealed container having larger quantity than required is valid under the Prevention of Food Adulteration Rules, 1955
  2. 2 Whether dealer and manufacturer can be jointly tried with vendor under Prevention of Food Adulteration Act, 1954
  3. 3 Scope of High Court's powers under s.482 Criminal Procedure Code to quash proceedings at interlocutory stage

Ratio Decidendi

Samples may be validly taken by opening a sealed container, even if the quantity inside is larger than required under Rule 22; Rule 22-A does not prohibit such sampling. Dealer and manufacturer can be jointly prosecuted with vendor if allegations justify it. High Court erred in quashing criminal proceedings at the interlocutory stage where prosecution evidence is pending.

Court Disposition

Appeals allowed; High Court judgment and orders set aside

Orders

  • Cases remanded to the respective magistrates' courts for disposal in accordance with law
  • All other contentions left open