In Brief
Alkem Laboratories, the marketer of a food product, was impleaded as an accused years after a food sample was sent for testing, without being notified at the time of sampling. The sample tested positive for undeclared sugar, and misbranding charges were filed. The Supreme Court held that when proving misbranding requires examining the food's contents, the statutory right to challenge the Public Analyst's report through retesting by the Central Laboratory applies—not only to 'adulterated' but also to 'misbranded' articles. Since the authorities negligently failed to notify Alkem and the sample shelf life had expired, preventing retesting, the Court quashed all proceedings against Alkem as a fundamental denial of fair procedure.
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