IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 135 OF 2006

P. JOY KUTTY ..... APPELLANT

VERSUS

STATE OF M.P. & ORS. ..... RESPONDENTS

O R D E R

We have heard the learned counsel for the parties.

We find that the High Court was right in observing  

that triable issues exist in the matter in the light of the  

fact that dextrose content was found to be 96.11% whereas  

it  should  have  been  99%.   Mr.  U.A.  Rana,  the  learned  

counsel for the appellant  has raised certain basic issues  

with regard to the misbranding etc. based on the judgment  

of the Gauhati High Court in  Glaxo India Ltd. & Ors. v.  

State of Assam & Ors. 2003 (1) FAC 233.

We feel that these matters have to be considered by  

the trial court keeping in view of the rules framed in the  

year 2004.

With these observations the appeal is dismissed.

........................... J

      [HARJIT SINGH BEDI]

...........................

J        [CHANDRAMAULI KR. PRASAD]

NEW DELHI OCTOBER 27, 2010.