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PETITIONER: THE CONSUMER ACTION GROUP

       Vs.

RESPONDENT: CADBURY’S (INDIA) LTD.  & ANR.

DATE OF JUDGMENT:       06/08/1999

BENCH: G.B.Pattanaik, M.B.Shah

JUDGMENT:

D E R       In  this appeal arising out of Judgment of Kerala High Court,  Section  20 of the Prevention of  Food  Adulteration Act,  1954 is required to be interpreted.  The question  for consideration  is  whether  a   purchaser  or  a  recognised consumer  association, who derive their right of getting the food  analysed under Section 12 of the Act can prosecute the vendor  from  whom the adulterated food has  been  purchased without  producing  a copy of the report of  Public  Analyst along  with the complaint, as required under the proviso  to sub-section  (1) of Section 20 by merely obtaining a written consent of the prescribed authority under sub-section (1) of Section  20.   Since there is no unanimity on the  aforesaid question,  the appeal is referred to a three Judge Bench for its  consideration and decision.  The records of the  appeal may  be  placed  before  Hon’ble   the  Chief  Justice   for appropriate directions.