38.6c New Delhi, India, Wednesday, May 29, 2024

Dead Lizard In Cold Drink Case: SC Quashes Criminal Charges Against Distributor

By LawStreet News Network      11 February, 2020 05:02 PM      0 Comments
Dead Lizard In Cold Drink Case: SC Quashes Criminal Charges Against Distributor

As seen on the order passed on 6th January, 2020 in the case of Subir Banerjee v. State of West Bengal was quashed by a division bench of Supreme court that consisted of Justices Navin Sinha and Krishna Murari. 

The criminal case was filed against a distributor under Section 272 - Punishment for adulteration of food or drink intended for sale and Section 273 - Sale of noxious food or drink of the Indian Penal Code, 1860. A dead lizard was found by the customer in a cold drink bottle. 

The Supreme court assailed the order of the Calcutta High Court for dismissing the application under Section 482 of the Criminal Procedure Code that states - Saving of inherent powers of High Court for quashing of prosecution instituted under Section 272 and 273 of IPC. 

According to the allegations, the appellant is a distributor of  a renowed brand of cold drink. The complainant had purchased a sealed cold drink bottle from the appellant. The allegation is specific that the bottle was in a sealed condition. The are no further allegations that the seal had been tampered with that would have given a rising to different considerations. 

The division bench opined that had the appellant was only a distributor. On alleging that the seal was tampered with and a lizard's tail was found in the bottle, the company was supposed to have been made a party. There is absolutely no possible way of arriving at any sort of conclusion without their presence. On this ground, the proceedings were quashed.


Author - Dyuti Pandya 

Share this article:

User Avatar

Leave a feedback about this

Trending Business
Battle Over Butter Chicken: Moti Mahal Takes Daryaganj to Court in Trademark Showdown

Moti Mahal and Daryaganj restaurants clash in Delhi High Court over trademark claims, each asserting they invented Butter Chicken and Dal Makhani.

28 May, 2024 11:33 AM
Trending Judiciary
Punjab and Haryana High Court Upholds ED's Arrest of AAP MLA, Dismisses Plea Challenging Detention [Read Order]

Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh's plea against his ED arrest, ruling it was in line with Section 19(1) of the PMLA.

28 May, 2024 11:56 AM


Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM
Trending Judiciary
Calcutta HC Invalidates Five Lakh OBC Certificates Issued After 2010, Cites Unconstitutional Grounds [Read Judgment]

Calcutta High Court invalidates OBC certificates issued after 2010, declaring them unconstitutional. Court cites undue haste and procedural impropriety.

23 May, 2024 03:33 PM
Trending Judiciary
MP High Court Grants Police Protection to Couple Facing Honour Killing Threats over Marriage [Read Order]

MP High Court grants police protection to a couple facing death threats from their parents for marrying without consent, citing serious measures against honor killings.

23 May, 2024 03:45 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email