Case Note & Summary
The case involved an appeal by MS/Cadbury India Limited and another against the State of Kerala concerning the definition of 'suitable container' under Rule 14 of the Prevention of Food and Adulteration Rules, 1955. The Supreme Court, after hearing the arguments presented by Mr. F.S. Nariman, the senior counsel for the appellants, focused on the controversy surrounding the use of polythene packets for food packaging. The Court directed the Trial Court to expedite the trial process, mandating its conclusion within three months from the communication of the order. It also allowed the appellants to be exempt from personal appearance unless specifically directed by the Court. The Court instructed the Trial Court to avoid unnecessary adjournments and emphasized the need for cooperation from both parties to facilitate a swift resolution. The appeal was disposed of with these directions.
Headnote
A) Food Law - Suitable Container - Definition of Suitable Container - Prevention of Food and Adulteration Rules, 1955, Rule 14 - The court considered whether polythene packets qualify as suitable containers for food products. It directed the Trial Court to conclude the trial within three months and emphasized the need for cooperation and avoidance of unnecessary adjournments. Held that the trial must proceed expeditiously (Paras 1-2).
Issue of Consideration
Whether polythene packets can be regarded as 'suitable container' under Rule 14 of the Prevention of Food and Adulteration Rules, 1955
Final Decision
The Supreme Court directed the Trial Court to conclude the trial within three months and allowed the appellants to appear through counsel, exempting them from personal appearance unless directed otherwise.
Law Points
- Prevention of Food and Adulteration Rules
- suitable container definition
- trial expeditiousness
