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Supreme Court of India 2018-04-24 allowed

Delhi Administration vs Vidya Gupta

Bench: 2 — S.A. Bobde

In Brief

Delhi Administration appealed the acquittal of a food vendor (Vidya Gupta) accused of storing adulterated ghee at her sweet shop. The trial court had convicted her, but the Sessions Court acquitted her on the ground that the ghee, though adulterated, was not meant for direct sale but only as an ingredient in sweets. The Supreme Court held that the Prevention of Food Adulteration Act's Explanation to Section 7 (as amended in 1976) specifically prohibits storing adulterated food for manufacture of any food article for sale. The Court also rejected the High Court's reliance on variations between the Public Analyst and Central Food Laboratory reports, holding that the Director's certificate supersedes and is conclusive. The Court set aside the acquittal, convicted the vendor, but limited the sentence to time already served, considering her age and the closure of her business.

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Criminal Procedure Food Adulteration Evidence Statutory Interpretation

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