Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
PETITIONER:
THE CONSUMER ACTION GROUP
Vs.
RESPONDENT:
CADBURY’S (INDIA) LTD. & ANR.
DATE OF JUDGMENT: 06/08/1999
BENCH:
G.B.Pattanaik, M.B.Shah
JUDGMENT:
D E R
In this appeal arising out of Judgment of Kerala High
Court, Section 20 of the Prevention of Food Adulteration
Act, 1954 is required to be interpreted. The question for
consideration is whether a purchaser or a recognised
consumer association, who derive their right of getting the
food analysed under Section 12 of the Act can prosecute the
vendor from whom the adulterated food has been purchased
without producing a copy of the report of Public Analyst
along with the complaint, as required under the proviso to
sub-section (1) of Section 20 by merely obtaining a written
consent of the prescribed authority under sub-section (1) of
Section 20. Since there is no unanimity on the aforesaid
question, the appeal is referred to a three Judge Bench for
its consideration and decision. The records of the appeal
may be placed before Hon’ble the Chief Justice for
appropriate directions.