HINDUSTAN UNILEVER LTD. versus STATE OF RAJASTHAN & ANR.
[2016] 2 S.C.R. 401, Supreme Court of India, 2016
Outcome: Appeal(s) allowed (Granted)
Segment: Ratio
(2016] 2 S.C.R. 401 
HINDUSTAN UNILEVER LTD. 
v. 
STATE OF RAJASTHAN & ANR. 
(Criminal Appeal No. 252 of2016) 
APRIL 12,2016 
[DIPAK MISRA AND SIDVA KIRTI SINGH, JJ.] 
Prevention of Food Adulteration Act, 1954 - ss. 16 and 13(2) 
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B 
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- Prosecution u/s. 16 r!w. r. 50 (I) the Prevention of Food 
Adulteration Rules, 1955 - Of 6 accused - One of the accused 
exercised his right uls. 13 (2) - Second as weU as third samples 
directed to be given to Central Food LaboratoryJCFL) for .re-
analysis - Petition by appellant-accused u!s. 482. Cr.PC. for 
·quashing the proceedings - Dismissed by High' <;;ourt ~ On appeal, 
held: In a case where there are many accused, once a right is 
exercised ills. 13(2) by any of the accused leading to a certificate . D 
from Director of CFL, such report shall supersede the report of the 
Public Analyst - Such supersession shall enure to the benefit of all 
the accused and not alone to the accused who exercised the right u/ 
s. 13(2) - The criminal proceedings are liable to be quashed- Code 
of Criminal Procedure, 197 3 - s. 482 - Prevention of Food 
Adulteration Act, 1955 - r. 50(1). 
Allowing the appeal, the Conrt 
HELD: In a case like the present, where there are many 
' 
accused, ouce right is exercised under Section 13(2) of Prevention · 
of Food Adulteration Act, 1954 by any of the accused leading to a' 
certificate from the Director of the CFL, the conseq~nce would 
be supersession of the report given earlier by the Public Analyst. 
under
sub-section (1) of Section 13 and such supersession must 
enure to the benefit of all the co-accused and not alone to the 
accused who exercised their right under Section 13(2) of the PFA 
Act. In cases where the number of accused is more than oue, 
there is no possibility of complying with individual prayer of all 
the co-accused to send different samples for re-analysis by the 
CFL because Statute requires preparation of only 3 samples. [Paras 
5 and 6] [403-G; 404-A, H; 405-A] 
401 
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402 
SUPREME COURT REPORTS 
[2016] 2 S.C.R. 
A 
Girishbhai Dahyabhai Shah v. C.C. Jani & Anr. (2009) 15 
SCC 64: 2009 (12) SCR 229 - relied on. 
Case Law Reference 
2009 (12) SCR 229 
relied on. 
Para 7 
B 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
c 
D 
E 
F 
No. 252 of2016 
From the Judgment and Order dated 12.01.2015 of the High Court 
of Judicature at Rajasthan, Jaipur Bench, Jaipur in S. B. Criminal 
Miscellaneous Petition No. 444 of2008 
Sidharth Luthra, Sr. Adv., Ajay Aggarwal, Satish Solanki, Sidharth 
Banthia, Ms. Ruchika, Rajan Narain, Advs., with him for the Appellant. 
S.S. Shamshery, AAG, Amit Sharma, lshu Prayas, Ms. S. Spandana 
Reddy, Advs., with him for the Respondents. 
The Judgment of the Court was delivered by 
SHIVA KIRTI SINGH, J. l. By the impugned order under 
challenge dated 12.01.2015 a learned Single Judge of Jaipur Bench of 
the Rajasthan High Court chose to reject appellant's prayer to quash 
criminal case bearing CC No.2776/2000 under Section 16 of the 
Prevention of Food Adulteration Act, 1954 (PFAAct) pending on the file 
of Chief Judicial Magistrate, Jaipur City, Jaipur. As a consequence, 
appellant's application under Section 482 of the Code of Criminal 
·Procedure bearing Criminal Miscellaneous Petition No.444 of2008 stands 
dismissed by the High Court. 
2. A perusal of the complaint petition filed by Food Inspector in 
the office of the Chief Medical and Health Officer, Jaipur discloses that 
appellant along with five others has
been arrayed as accused. As per 
allegations, a sample of Kesar Pista ice cream was taken by the Food 
Inspector from a dealer of the appellant's product on 05.04.1999. After 
taking the necessary steps samples in three empty bottles were prepared 
G 
to which required quantity of formalin was also added in each bottle. 
One sample was sent for analysis to the Public Analyst as required by 
the provisions of the PFAAct. As per report of the Public Analyst dated 
19.04.1999 the sample was found to be adulterated as itdid not conform 
to the prescribed standards. According to the complainant all the required 
steps were taken as per law and complaint was filed on 23 .11.2000 
H 
against all the accused persons including the appellant under Section 16
HINDUSTAN UNILEVER LTD. v. STATE OF RAJASTHAN 
[SHIVA KIRT! SlN9H, J.] 
of the PFAAct and Rule 50(1) of the Prevention of Food Adulteration 
Rules, 1955 framed under the said Act. One co-accused exercised his 
right under Section 13(2) of the PFAAct and on his application said to 
be dated 03.01.2001, the learned Magistrate took a final decision to send 
the second sample for re-analysis by an order passed as late as on 
05.02.2004. The Central Food Laboratory (CFL) gave its report dated 
06.07 .2004 to the effect that "sample received deteriorated and was not 
in a condition fit for analysis". In September 2004 learned Magistrate 
directed the prosecution to produce the third sample. Such direction 
was reiterated in November 2007. In March 2008 the appellant moved 
the High Court with the quashing petition but the same was ultimately 
dismissed by the impugned order dated 12.01.2015. 
3. Mr. Sidharth Luthra, learned senior advocate appearing for the 
appellant highlighted before us the provisions of Section 13(.2) of the 
PFA Act to submit that a valuable right has been conferred upon the 
accused that ifhe or they so desire, any of them can make an application 
to the court to get another sample of the article of food anJtlysed by the 
CFL. He also highlighted that under sub"section (3) of Section 13 the 
ce_rtificate issued by the Director of the CFL in terms of sub-section 
(2B) supersedes the report of the Public Analyst under sub-section (l) 
of Section 13. 
4. The
impugned order of the High Court shows that all the relevant 
issues as well as case laws were placed and considered and thereafter 
prayer of the appellant was rejected on the ground that although the 
second sample sent for analysis was found to be deteriorated, the third 
sample was not made available to the court till the year 2007 and the 
-appellant as a co-accused did not exercise its right under Section 13(2) 
of the PFA Act. 
5. On hearing the parties we find ourselves in complete agreement 
with the submissions advanced on behalf of the appellant that in case 
like the present where there are many accused, once right is exercised' 
under Section 13(2) of the PFAAct by any of the accused leading to a 
certificate from the Director of the CFL, the consequence would be 
supersession of the report given earlier by the Public Analyst under sub-
section (I) of Section 13 and such supersession must enure to the benefit 
of all the co-accused. The submission advanced on behalf of the 
respondents by Mr. S.S. Shamshery, learned Additional Advocate General 
for the State of Rajasthan that such supersession will be only to the 
403 
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B 
c 
D 
E 
F 
G 
H
404 
A 
c 
D 
E 
SUPREME COURt REPORTS 
[2016] 2 S.C.R. 
benefit of the accused who exercised their right under Section 13(2) of 
the PFA Act does not merit acceptance. The first and foremost reason 
for the aforesaid view is plain and simple words of sub-sections (2) and 
(3) of Section 13,. For sake of convenience sub-sections (I), (2) and (3) 
of Section 13 are extracted below : 
"13. Report of public analyst.-( I) The public analyst shall deliver, 
in such form as may be prescribed, a report to the Local (Health) 
Authority of the result of the analysis of any article of food 
submitted to him for analysis. 
(2) On receipt of the report of the result of the analysis under 
sub-section (I) to the effect that the article of food is adulterated, 
the Local (Health) Authority shall, after the institution of prosecution 
against the persons from whom the sample of the article of food 
was taken and the person, if any, whose name, address and other 
particulars have been disclosed under section I 4A, forward, in 
such manner as may be prescribed, a copy of the report of the 
result of the analysis to such person or persons, as the, case may 
be, informing such person or persons that ifit is so desired. either 
or both of them may make an application to the court within a 
period of ten days from the date of receipt of the copy of the 
report to get the sample of the article of food kept by the Local 
(Health) Authority analysed by the Central Food Laboratory. 
(2A)
............... . 
(2B) ............... . 
(2C) ............... . 
(20) ............... . 
F 
(2E) ............... . 
{3) The certificate issued by the Director of the Central Food 
Laboratory under sub-section (28) shall supersede the report given 
by the public analyst under sub-section (I). 
(4) 
............... . 
G 
(5) 
................ " 
(Emphasis supplied) 
6. The aforesaid view is also warranted by the fact that in the 
prevailing situation it will be a sheer waste of time and an empty formality 
to get the third sample also declared as deteriorated, by the CFL. There 
H 
may also be cases like the present one where the number of accused is
HINDUSTAN UNILEVER LTD. v. STATE OF RAJASTHAN 
[SHIVA KIRT! SINGH, J.] 
more than three. In such cases there is no possibility of complying with 
individual prayer of all the co-accused to send different samples for re-
analysis by the CFL because Statute requires preparation of only 3 
samples. 
' 
7. For the aforesaid reasons we are of the considered opinion that 
the view taken by the High Court in this case was erroneous and contrary 
to law. The view taken by us in this case gets support from a judgment 
of this Court in the case ofGirishbhai Dahyabhai Shah v. C.C. Jani 
& Anr.1 though rendered in a different factual matrix. The impugned 
order is therefore set aside. As a sequel, the prayer of the appellant 
before the l;ligh Court for quashing the criminal complaint stands allowed. 
The Criminal Appeal is also thus allowed. 
Kalpana K. Tripathy 
. Appeal allowed. 
• (2009) 1 s sec 64 
405 
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B 
c