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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2075 OF 2010 (Arising out of SLP(Crl.)No.6243 of 2009)

MS/ CADBURY INDIA LIMITED & ANR.                  Appellant(s)

                VERSUS

STATE OF KERALA & ORS.                            Respondent(s)

O R D E R

Leave granted. We have heard Mr.F.S.Nariman, learned senior counsel for  

the appellants and learned counsel for the respondents.

Mr.Nariman has focused the controversy of this case and  

submits that the Court has to decide whether polythene packets can  

be regarded as “suitable container” under Rule 14 of the Prevention  

of Food and Adulteration Rules, 1955.  In our opinion, the main  

controversy involved in this case is very short and in the peculiar  

facts and circumstances of this case, we direct the Trial Court  to  

conclude the trial of this case as expeditiously as possible and in  

any event within three months from the date of communication of this  

order.  In case the trial is not concluded within three months, the  

appellants would be at liberty to revive this appeal.  

The  appellants  are  exempted  from  personal  appearance  

unless  the  Court  so  specifically  direct  them  to  appear.   The  

appellants, however, would appear through their counsel. In view of  

our order, the Trial Court shall proceed with the trial of this case  

irrespective  of  the  order  which  has  been  passed  in  Civil  Writ  

Petition No.6477 of 2007 by the High Court of Kerala.

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The  Trial  Court  should  avoid  unnecessary  adjournments  

unless it becomes imperative. The parties are directed to co-operate  

with the Court.

This Criminal Appeal is, accordingly, disposed of.    

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI; 27TH OCTOBER, 2010