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Supreme Court of India 2023-04-17 allowed

M/s SRI MAHAVIR AGENCY & ANR vs THE STATE OF WEST BENGAL & ANR

Bench: 2 — Abhay S. Oka, Rajesh Bindal

In Brief

A pan masala vendor was convicted under the Prevention of Food Adulteration Act for selling adulterated food. The Supreme Court allowed his appeal, holding that a vendor who purchases sealed, packaged food from a licensed manufacturer with proper written warranty and sells it unchanged is entitled to a statutory defence. The Court found that the manufacturer's warranty, whether in a separate form or embedded in the invoice, satisfied legal requirements, protecting the vendor from criminal liability even when the product later proved adulterated.

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Food Safety & Adulteration Criminal Law Statutory Interpretation Vendor Liability Food Standards Compliance

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