Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2075 OF 2010
(Arising out of SLP(Crl.)No.6243 of 2009)
MS/ CADBURY INDIA LIMITED & ANR. Appellant(s)
VERSUS
STATE OF KERALA & ORS. Respondent(s)
O R D E R
Leave granted.
We have heard Mr.F.S.Nariman, learned senior counsel for
the appellants and learned counsel for the respondents.
Mr.Nariman has focused the controversy of this case and
submits that the Court has to decide whether polythene packets can
be regarded as “suitable container” under Rule 14 of the Prevention
of Food and Adulteration Rules, 1955. In our opinion, the main
controversy involved in this case is very short and in the peculiar
facts and circumstances of this case, we direct the Trial Court to
conclude the trial of this case as expeditiously as possible and in
any event within three months from the date of communication of this
order. In case the trial is not concluded within three months, the
appellants would be at liberty to revive this appeal.
The appellants are exempted from personal appearance
unless the Court so specifically direct them to appear. The
appellants, however, would appear through their counsel. In view of
our order, the Trial Court shall proceed with the trial of this case
irrespective of the order which has been passed in Civil Writ
Petition No.6477 of 2007 by the High Court of Kerala.
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The Trial Court should avoid unnecessary adjournments
unless it becomes imperative. The parties are directed to co-operate
with the Court.
This Criminal Appeal is, accordingly, disposed of.
...................J.
(DALVEER BHANDARI)
...................J.
(DEEPAK VERMA)
NEW DELHI;
27TH OCTOBER, 2010