In Brief
In this criminal appeal against a 30-year-old food adulteration case, the Supreme Court held that a nominated officer of a company and the company itself must be tried and convicted together under food safety laws—they are jointly and severally liable, not separately. Since the trial court convicted only the nominated officer (Dr. Nirmal Sen) without convicting Hindustan Unilever Limited, the conviction was legally unsustainable. Additionally, the High Court violated procedure by ordering a retrial of the company without giving it notice or opportunity to be heard. The Court rejected arguments that the accused deserved benefit of more lenient provisions under the Food Safety and Standards Act, 2006, because the repealed 1954 Act's punishments were preserved by statutory savings clauses. The appeal was allowed and the complaint dismissed.
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