2000 (1) TMI 1027

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.... complaint, being ST No. 55/ 90 in the Court of the learned Additional Chief Judicial Magistrate alleging that the complainant had purchased two packets of Cadbury's Butter Glucose Biscuits from Accused No. 3 - M/s. S. Pottivelu & Sons, S.P. Central Stores, M.G. Road, Trivandrum on 20.12.1989 and those packets were found not labelled in accordance with the requirements of Rule 32(b) of the Pre....

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.... a petition under Section 482 Cr.P.C. in the High Court on 13th November, 1991, seeking quashing of the complaint and proceedings taken by the trial court thereon which was allowed. Aggrieved thereby, the complainant has filed this appeal by special leave. 2. The appeal came to be listed for hearing before a Division Bench of this Court but since there was difference of opinion between the two ....

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....sh memo records sale of "Biscuits" for Rs. 4 on 20th of December. There is no mention, whatsoever of the brand name of the biscuits which were allegedly sold by A-3 to the complainant. Under the circumstances, it was not possible to maintain the complaint alleging 'misbranding' unless the cash memo, which was made the basis of the complaint, contained the brand name of the sold product. ....