2000 (1) TMI 1027

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..... the learned Additional Chief Judicial Magistrate alleging that the complainant had purchased two packets of Cadbury's Butter Glucose Biscuits from Accused No. 3 - M/s. S. Pottivelu Sons, S.P. Central Stores, M.G. Road, Trivandrum on 20.12.1989 and those packets were found not labelled in accordance with the requirements of Rule 32(b) of the Prevention of Food Adulteration Rules, 1955 (herei .....

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..... gh Court on 13th November, 1991, seeking quashing of the complaint and proceedings taken by the trial court thereon which was allowed. Aggrieved thereby, the complainant has filed this appeal by special leave. 2. The appeal came to be listed for hearing before a Division Bench of this Court but since there was difference of opinion between the two learned Judges, constituting the Bench, on an .....

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..... . 4 on 20th of December. There is no mention, whatsoever of the brand name of the biscuits which were allegedly sold by A-3 to the complainant. Under the circumstances, it was not possible to maintain the complaint alleging 'misbranding' unless the cash memo, which was made the basis of the complaint, contained the brand name of the sold product. 5. That apart, we find that when sanct .....

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