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Chandigarh administration loses 25-year-long battle over misbranding of biscuit packets

The Punjab and Haryana Court dismisses Chandigarh administration’s appeal, notes food inspector did not have requisite qualifications

chandigarh, punjab and haryana high, biscuit packets misbranding

The case dates back to December 22, 2000, when Food Inspector Sukhwinder Singh intercepted a three-wheeler carrying 20 sealed packs of Mrs Bector’s Cremica premium sandwich bread. 9Express File Photo)

The Punjab and Haryana High Court has dismissed the Union Territory (UT) of Chandigarh’s appeal against the acquittal of Jagdish Prashad, who was accused of possessing and selling misbranded Mrs Bector’s Cremica premium sandwich bread without proper labelling. The court upheld the 2008 verdict of the Chief Judicial Magistrate, Chandigarh, ruling that the prosecution’s case was flawed due to procedural lapses, particularly concerning the qualifications of the food inspector who took the sample.

Justice Jasjit Singh Bedi, while delivering the judgment, noted the significant delay in proceedings. “The present application for leave to appeal was filed in 2010, and the matter has come up for final hearing now after 25 years of the institution of the complaint,” he observed.

Background of the case

The case dates back to December 22, 2000, when then Food Inspector Sukhwinder Singh intercepted a three-wheeler carrying 20 sealed packs of Mrs Bector’s Cremica premium sandwich bread. A sample was taken in the presence of witness Pachnarain and sent for testing. The public analyst’s report indicated that the product was misbranded as it did not mention the ‘best before’ date, violating Rule 32 of the Prevention of Food Adulteration (PFA) Rules, 1955.

Prashad was subsequently charged but the Chief Judicial Magistrate acquitted him in 2008, leading to an appeal by the UT administration.

Court’s reasoning for upholding acquittal

The high court found that a major flaw in the prosecution’s case was the lack of proper training of the food inspector who took the sample. Justice Bedi highlighted that Chandigarh’s Food Health Authority was not authorised to provide the mandatory three-month training required under Rule 8 of the PFA Rules. He cited a 1982 notification from the Ministry of Health and Family Welfare, which explicitly excluded Chandigarh from the list of approved training centres.

Further, the court noted that a fresh notification in 2003 reappointed food inspectors only after they had undergone proper training. “This endorses the fact that the earlier notification was illegally issued,” Justice Bedi remarked.

Additionally, the court clarified that a food inspector taking a sample for analysis must follow strict legal procedures, which differ from the rights of a private purchaser who may get a product tested for personal reasons. “A food inspector purchases a food article only for the purpose of analysis, following legal procedures. The two cannot be equated,” the judgment stated.

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Final ruling

Dismissing the appeal, the court concluded that the accused’s acquittal was justified due to the prosecution’s failure to establish that the food inspector had the requisite qualifications. “I find no reason to interfere with the well-reasoned judgment of the Chief Judicial Magistrate,” Justice Bedi ruled.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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