CRIMINAL APPEAL NO. 562 OF 2020 (Arising out of S.L.P. (Crl.) No. 2942 of 2020)
The Appellant, one of the Directors of M/s. V & V Beverages Pvt. Ltd., imported the drink from Schweppes International Rye Brook (foreign Manufacturer) and the import duty was duly cleared by the Customs department. On 03.05.2011, the Food Inspector purchased sealed samples of Snapple Juice Drink for analysis, where it was found that quality and other standards were maintained but it was misbranded thus violating of Rule 32(e) that is the necessary declaration of lot/batch numbers were missing. The food inspector lodged a complaint on the basis of the report dated 30.05.2011. Notices were Issued to the appellant under Section 251 of the Criminal Procedure Code the appellant wanted to discharge the application under Section 294 of the Code of Criminal Procedure on the ground that the product had the barcode on it along with the necessary information as required by Rule 32(e) such as batch no. /code no. /lot no. The application was rejected thereafter it was rejected in High court also.
It was held that if all the relevant information is mentioned in Barcode and it is traceable then there is no violation of Labeling Regulation. On the basis of facts, it was cleared that the barcode was available on the sample were traceable and the purpose of Rule 32(e) to mention all necessary information on the package was fulfilled. So there is no requirement to unnecessarily harass the appellant, it would be against the process of law, causing sheer waste of time, therefore the appeal was considered.