Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(ii), 13(2, Prevention of Food Adulteration Rules, 1955, Rule 7(3) -- Mahua oil - Sample found adulterated - Rule 7(3) violated as Public Analyst sent his report after more than 50 days instead of 40 days - There was also non-compliance of the provision of S.13(2) of the Act as prosecution failed to prove that..........
Prevention of Food Adulteration Act, 1954, Section 13(2), Criminal Procedure Code, 1973, Section 378(3) -- Salt - Sample found misbranded - Acquittal - Leave to Appeal - Copy of report of Public Analyst not sent to accused - It is mandatory under S.13(2) of Prevention of Food Adulteration Act to send copy of report of result of Analyst to accused - Accused acquitted -..........
Prevention of Food Adulteration Act, 1954, Section 19(2) -- Sample collected in a sealed condition - Protection of S.19(2) is available to accused...........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(m), 16(1)((a)(i) -- Ready to serve synthetic soft drink - Item of food sold by petitioner described to be '1800 ml. of pineapple cool drink' - Article sold was neither fruit juice nor was it purported to be made from fruit juice - It was only final food beverage prepared from synthetic soft drink concentrate - No..........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Milk - Sample found adulterated - Public Analyst Report - Report of public analyst received after filing of complaint within time - Prayer for sending second sample was to be made immediately - But application moved after delay of 10 months - After delay of 10 months sample of milk cannot be sent for second..........
Prevention of Food Adulteration Act, 1954, Section 16 -- Prevention of Food Adulteration Rules, 1955, Rule 9(j) - Milk - Sample found adulterated - Rule 9 is not mandatory but directory - Non compliance of Rule 9 - Accused cannot be acquitted...........
Prevention of Food Adulteration Act, 1954, Section 6, 10(7), 17 -- Sample of Mustard Oil found adulterated - Inspector had not cleaned the Katora (utensil) in which sample was taken - Public Analyst report showed a marginal difference in the standard of mustard oil and the mustard oil taken in sample - It was the duty of Food Inspector to have cleaned the utensil when..........
Prevention of Food Adulteration Act, 1954, Section 2(ia) (m), 2(ia)(b),, 7(i) -- Salt - Sample taken from sealed packet - Sample found adulterated - Prosecution of manufacturer - In absence of purchase bills manufacturer cannot be prosecuted - Manufacturer cannot be prosecuted merely for the reason that name of manufacturer, supplier, marketing agency are found on the..........
Prevention of Food Adulteration Act, 1954, Section 7, 16(1)(a)(i) -- Milk - Sample found adulterated - Sample taken out of huge quantity of milk and Food Inspector only shook vessel containing milk - This is not stirring or churning of milk - Sample taken not homogeneous or of representative character - Acquittal on said ground, held, proper...........
Prevention of Food Adulteration Act, 1954, Section 13(2), (2A) -- Sample - Reanalysis - Accused cannot be ordered to deposit money for sending sample for reanalysis - Order as to deposit of Rs.1,000 for sending sample for reanalysis set aside...........