In Brief
Hindustan Unilever Limited (HUL) and its nominated officer Dr. Nirmal Sen were prosecuted for food adulteration under the Prevention of Food Adulteration Act, 1954, relating to vanaspati ghee with an abnormal melting point. The trial court convicted only the nominated person, not the company. The High Court, finding this defective, remitted the matter for retrial. The Supreme Court held that under Section 17 of the 1954 Act, the company and its nominated person are jointly and severally liable—conviction of the nominated person alone is unsustainable without the company being convicted. Since the company was never convicted and was not given a hearing when the High Court ordered the remand, the Court set aside the High Court's order and allowed the appeals, dismissing the complaint entirely.
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