VINITA BALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has been prosecuted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act ' for the sake of brevity). The said prosecution is based on the allegation that there is violation of Rule 32 under Chapter VII of the Prevention of Food and Adulteration Rules, 1955 (hereinafter referred to as the 'Rules ').

(2.) THE petitioner is the Managing Director of Britania Industries Ltd. having its Head, Office at Kolkata. The Milk Bikis Biscuits were seized from M/s Rashmi Enterprises who is authorized wholesale dealer and the sample of the Biscuits was sent to the Public Analyst, Patna. The allegation as per the prosecution report is as follows: - "Milk Bikis Biscuits does not confirm to the rule of labeling provision so it is misbranded as per report No. 3496. dated 20.10.2006 of the Public Analyst, Bihar, Patna". The report of the Public Analyst, is at Page 41. of the brief which simply states that "LOGO is not fixed on the proper site of the label".

(3.) ON plain reading of the report of the Analyst and prosecution report it appeals that the case is one of "Misbranding".