FAILURE TO READ BARCODE LEADS TO PROSECUTION FOR 9 YEARS UNDER ADULTERATION LAW

KT NEWS SERVICE. Dated: 9/5/2020 4:23:05 PM

NEW DELHI, Sep 4: How a Delhi importer of a foreign drink was harassed for the past nine years with prosecution under the Food Adulteration Rules, 1955 because the food inspector failed to read the manufacturer's barcode on the product to satisfy all the mandatory requirements of details like its lot and batch number.
The Supreme Court on Friday quashed the prosecution going on in a Patiala House court here. The Bench of Justices Rohinton Fali Nariman, Navin Sinha and Indira Banerjee allowed the appeal on its satisfaction that all the necessary information required under Rule 32(e) was available in the barcode that can be decoded by a barcode scanner.
It held that no useful purpose will be served by allowing the prosecution to continue as it will be an abuse of the process of law, causing sheer waste of time and unnecessary harassment to the appellant.
Raghav Gupta, a director of M/s V & V Beverages Private Ltd, came to the top court after Delhi High Court rejected his plea to just read the barcode providing all the information sought under the rules.

 

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