Misbranded U/S 2(ix)(k) of PFA ACT 1954
amit
(Querist) 11 September 2010
This query is : Resolved
Dear Sir
Food inspector took edible oil sample from my client's factory(who is edible oil manufacturer and packer), though oil sample meets all standards yet it was found to be misbranded U/S 2(ix)(K) of PFA ACT 1954 as batch no was not mentioned on the label, now matter is pending in CJM court, Dear friends please tell me any remedy for above matter , as i think since sample had meet all standards, can my client take benifit of above fact to discharge misbrand matter after paying fine rather than imprisonment, plz give your valuable opinion along with some High court/ Supreme court judgement(case law)
s.subramanian
(Expert) 11 September 2010
If no offence is made out why don't you seek to quash the proceedings by resorting to Sec.482 CR.P.C. before the High Court.
amit
(Querist) 11 September 2010
Dear Collegue thanks for quick reply, My client's oil sample was misbranded under PFA ACT, 1954 though it was not adulterated(as batch no was not mentioned on label) my question is since sample was not adulterated only misbranded so is it possible for Hon'able court to charge fine to my client rather than to give imprisonment plz give ref of case law
GIRISH SULE
(Expert) 13 September 2010
Imposing fine or giving imprisonment is an outcome of the enquiry . It depend upon facts of every case . Try to get discharge on different points before trial commenses .
