HINDUSTAN UNILEVER LIMITED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in the present appeals is to an order passed by the High Court of Madhya Pradesh, Jabalpur on 9.1.2020 whereby the revision filed by Shri Nirmal Sen, appellant/Nominated Officer(Incharge) of the Hindustan Unilever Limited[1], was allowed, however the matter was remitted back to the trial court to revisit the evidence adduced by both the parties, so far it relates to the appellants, Nirmal Sen and the Company. The operative part of the order reads thus:

(2.) Brief facts leading to the present appeals are that a complaint was filed by Shri H.D. Dubey, Inspector, Food and Health, on the basis of a sample taken on 7.2.1989 in respect of Dalda Vanaspati Khajoor Brand Ghee manufactured by the Company, in terms of the provisions of The Prevention of Food Adulteration Act, 1954[2]. The sample of Vanaspati Ghee was taken from the godown of Lipton India Limited which was found to be adulterated as the melting point was found to be 41.8 degree centigrade which is higher than the normal range i.e. as against 31-41 degree centigrade. Initially, the complaint was filed against the Directors of the Company as well as that of Lipton India Limited. However, the said proceedings came to be decided by this Court in a judgment reported as R. Banerjee and Ors. vs. H.D. Dubey and Ors., (1992) 2 SCC 552 wherein it was held as under:

(3.) In terms of the directions of this Court, it appears that the learned trial court passed an order on 6.7.1993 absolving the Directors of the Company and the prosecution was ordered to continue against the appellant Nirmal Sen. The said order is not on record but it appears that no proceedings were continued against the Company inasmuch as it has four accused, namely, Lipton India Limited, Mohd. Saleem, Harish Dayani and Nirmal Sen were arrayed as accused.