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State Of Maharashtra Thr. Shri B.S. ... vs Mohammad Anwar Maji Abdul Sakur Meman on 11 January, 2019 cites

P. Unnikrishnan vs Food Inspector, Palghat Municipally, ... on 15 February, 1995

10. The Apex Court in P. Unnlkrishnan v. Food inspector, Palghat Municipality, reported in AIR 1995 SC 1983 : (1995 Cri LJ 3638) categorically ruled that in every case, the accused could not be expected to verify further whether the contents of the label on the tin and those in the bill containing the warranty were correct or not inasmuch as the further proof the manufacturer from whom the accused purchased the article was duly licensed, depended on the facts of each case. In the said ::: Uploaded on - 11/01/2019 ::: Downloaded on - 12/01/2019 12:06:50 ::: 11 apeal377.06 case, admittedly, the article was in sealed tins which were not tampered with a label to the effect that it was a product of M/s. Tajus Productions which was claimed to be a bogus non-existing manufacturing farm situated 200 KM away from the petitioner's shop. It was held there that no knowledge about the non-existence of the Farm could be attributed to the accused and he could not be expected to verify as to what the actual position was regarding existence of the farm which was 200 Kms. away. It was held by the Apex Court that the accused duly discharged the burden to the extent necessary under the provision of law laid down under Section 19(2) of the Act and as such the petitioner could not be deprived of the defence to which he was entitled to under the said Section.
Supreme Court of India Cites 2 - Cited by 62 - M M Punchhi - Full Document
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