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1982 (12) TMI 219 - SC - Indian Laws

Issues involved: Quashing of proceedings under sections 7/16/17 of the Prevention of Food Adulteration Act based on complaint disclosure of offense.

The Supreme Court heard an appeal challenging the Delhi High Court's decision to quash proceedings by the Municipal Corporation of Delhi against respondent Nos. 1 to 11. The case involved the purchase of adulterated milk toffees by a Food Inspector, leading to a complaint under sections 7/16/17 of the Prevention of Food Adulteration Act. The High Court quashed the proceedings, similar to another case, but the Supreme Court found that the complaint in this case provided clear details of the roles and liabilities of the accused, unlike the previous case where a presumption was drawn without averment. The Court emphasized that at the stage of quashing proceedings, only the allegations in the complaint should be considered, and further evidence would be presented during the trial. The Court concluded that a prima facie case for summoning the accused was established, and the High Court erred in deeming the allegations vague. Therefore, the appeal was allowed, the High Court's judgment was set aside, and the accused were to be summoned for trial.

 

 

 

 

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