2008 (3) TMI 670

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....made out. 3. The relevant facts of the case are that the appellant M/s Parakh Foods Ltd. (now Cargill Foods India Limited) is a company registered under the Companies Act, 1956. The appellant is engaged in manufacture and sale of "Shaktimaan Refined Soyabean Oil", a food product covered under the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act") and it sells and markets the said product throughout the country. On 23.12.2003, respondent No.2, the Food Inspector, District Mahboob Nagar, Andhra Pradesh visited the shop of M/s Md. Dilawar General & Oil Shop No.2-10-4, Old Gunj, Mahboob Nagar, being accused No.1  vendor in the complaint. Respondent No.2 found a carton containing 20 packets of "Shaktimaan Refi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g that the vendor produced any warranty or bill with regard to the purchase of the food item in question from accused No.2, that is the appellant herein, merely basing on the label declaration the appellant cannot be prosecuted. However, the order of quashing will not preclude the concerned Magistrate in arraying the appellant as an accused during the trial, if there is any offence. 6. The High Court has also observed that it is clear that the article of food in question was misbranded since none of the pictures contained on the label has nothing to do with the article of food in question. Therefore, it is held to be a clear case of violation of Rule 37 D of the PFA Rules. Aggrieved by these findings, the present appeal is filed. 7. It is....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ined; (iv) double- refined; (v) ultra-refined; (vi) anti-cholesterol; (vii) cholesterol fighter; (viii) soothing to heart; (ix) cholesterol friendly; (x) saturated fat free, etc. It would be pertinent to say that all these expressions from (i) to (x) are prohibited because if they are mentioned on the labeling of the product they will tend to exaggerate the quality of the product. The Rule further states that all such other expression are also prohibited which tend to exaggerate the quality of the product. For the purposes of interpretation of this Rule the principle of ejusdem generis can be applied; ejusdem generis is a latin expression which means "of the same kind" , for example where a law lists specific classes of persons or things an....