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2017 (11) TMI 1833 - HC - Indian LawsWhether the noodles can be held to be misbranded because of the positive test of MSG? - HELD THAT:- As per language of Rule 42 (s) of the Rules, in my considered view the word "added" has great significance. The aforestated declaration is required only when MSG is added from outside source in a particular food product and such declaration is not required when MSG is present in the food product in natural form. A Public Analyst can describe a food product misbranded in terms of Rule 42 (S) of the Rules only when he gives a definite finding based on test-results that MSG is added in the food product from outside source. Prosecution of the petitioner for violation of Rule 42(S) of the rules - HELD THAT:- The Public Analyst has not clarified in its report whether the MSG in the sample is added from outside or it is naturally present in the product. Therefore, if the sample tested positive for MSG, it cannot be made a ground for prosecution of the petitioner for violation of Rule 42(S) of the rules in view of underlined portions of the said order. It is settled law that a criminal liability of transferor company into the tranferee company cannot be transferred or fastened on transferee company upon its amalgamation, because with the amalgamation, the transferor company suffers a civil death and it is ceased to exist. In the present case, the offence is occurred on 21.12.1996 and the Brooke Bond Lipton India Ltd merged with the Hindustan Lever Ltd on 20.3.1997. Thus, the Brooke Bond Lipton India Co. Ltd. committed the alleged offence before its merger with the petitioner Hindustan Lever India Co. Ltd. Consequently, the petitioner cannot be prosecuted. The petitioner cannot be prosecuted for the charges as mentioned in the complaint. Therefore, I allow this petition and quash the complaint and the subsequent proceedings in Criminal Case No.2473 of 2007 in respect of the petitioner "only" in exercise of powers under Section 482 Cr.P.C. Petition allowed.
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