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Pepsico India Holdings Private ... vs Sh. B.S. Rangnathan Inspector Legal ... on 12 September, 2022
cites
Section 51 in The Standards of Weights and Measures (Enforcement) Act, 1985 [Entire Act]
Section 63 in The Standards Of Weights And Measures Act, 1976 [Entire Act]
Section 39 in The Standards of Weights and Measures (Enforcement) Act, 1985 [Entire Act]
Section 258 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Subramanium Sethuraman vs State Of Maharashtra & Anr on 17 September, 2004
14. So far as the submissions of the Learned APP for the State with
respect to the filing of application for discharge of the petitioner under
Section 258 of the Cr.P.C. is concerned, the same also does not have
substance as the Hon'ble Supreme Court in the matter of Expeditious Trial
of Cases Under Section 138 of N.I. Act 18814, has reiterated the legal
position which was explained in the case of Subramanium Sethuraman v
State of Maharashtra & Ors.5 and in Adalat Prasad v Rooplal Jindal and
4
(2021) SCC OnLine SC 325
5
(2004) 13 SCC 324
8
Others6 that there is no power of review conferred on the trial court under
the Code of Criminal Procedure.
The Code of Criminal Procedure, 1973
Pepsico India Holdings Pvt.Ltd vs Food Inspector & Anr on 18 November, 2010
No offence under Section 39 read with Section 63 of the Act of 1976 is
made out. Even the provisions of the Act of 1976 or the Rules made
thereunder, would not have any application in the present case. He has
placed reliance on the decision of the Hon'ble Supreme Court in the matters
of Pepsi Foods Ltd. v. Special Judicial Magistrate1, PepsiCo India
Holdings Pvt. Ltd. v. Food Inspector & Anr.2 and State of Haryana & Ors.
v. Bhajanlal & Ors.3