In Brief
A sample of ghee manufactured by Hindustan Unilever was found adulterated in 1989. After decades of proceedings under the Food Adulteration Act, 1954, the nominated officer Nirmal Sen was convicted while the company was never convicted. The High Court set aside the conviction and remitted the matter for retrial, but without hearing the company. The Supreme Court held that under the statutory scheme, the company and nominated officer are jointly liable; conviction cannot stand without the company being convicted. The Court also found the High Court's remand procedurally defective, as it violated Section 401(2) of the CrPC by not giving the company notice or hearing. The appeal was allowed and the complaint was dismissed."
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