Showing : 1-10 of 432 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Prevention of Food Adulteration Act, 1954, Section 7, 16(1)(a), Constitution of India, 1950, Article 142-- Adulteration - Sample of milk - Quantum of sentence - Occurrence took place more than 20 years back - Power u/art 142 of Constitution cannot be exercised against specific provision of law - S.16(1)(a) of 1954 Act lays down a minimum sentence of 6 months - Passage of time can be no excuse to award..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Prevention of Food Adulteration Act, 1954, Section 7, 16-- Adulteration - Sample of milk - If standards are not complied with, Court is not justified in acquitting accused charged with adulteration only on the ground that deficiency is marginal...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Prevention of Food Adulteration Act, 1954, Section 7, 16(1)(a)-- Adulteration - Sample of milk - Once standards are laid down by Legislature then those standards have to be followed - In items like milk which is primary food under the Act, it is not necessary to also prove that food item had become unfit for human consumption or injurious to health...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Prevention of Food Adulteration Act, 1954, Section 13(2)-- Adulteration - Sample of milk - Delay in analyzing samples - Where sample had been preserved by using formal in, accused cannot get any benefit on the ground that there is delay in testing samples, particularly when he did not even deem it fit to summon Public Analyst for cross-examination for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Prevention of Food Adulteration Act, 1954, Section 13(2)-- Adulteration - Sample of milk - Non-compliance of provisions of S.13(2) of the Act - Accused was given an option to have second sample sent to CFL when Magistrate took cognizance of complaint - However, accused waived his right by not applying to Magistrate for sending second sample for analysis..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Prevention of Food Adulteration Act, 1954, Section 13(2)-- Compliance of S.13(2) of the Act - Furnishing report of Analyst to accused - Report despatched by registered post - No evidence brought on record to indicate that report was actually served or delivered to accused - Held, mere despatch of report is not sufficient - Accused cannot be held guilty -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Prevention of Food Adulteration Act, 1954, Section 7(1), 16(1)(a)(i), 10-- Milk - Sample to be collected in the presence of an independent witness - Independent witness not supporting prosecution case - Held, manner as to whether sample was appropriately taken after properly stirring the milk and whether same was sent for analysis also in such manner not established -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Prevention of Food Adulteration Act, 1954, Section 7(1), 16(1)(a)(i), 10-- Milk - Sample found deficient - Independent witness not supporting prosecution case - Uncorroborated testimony of PW-1 Food Inspector cannot be relied upon to sustain conviction - Accused acquitted...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7-- Adulteration - Red chilli powder - Sample found adulterated - Sample taken from eating place, which was kept for cooking/preparation of food - Sale of food item meant for coking/preparation of vegetable/food in an eating place to Food Inspector would amount to sale u/s 2(xiii) of the Act - Accused..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Food Adulteration Act, 1954, Section 7-- Storage of adulterated food - Adulterated food stored for sale or when such food is stored for making some other food which is sold, such storage is an offence...........

Showing : 1-10 of 432 Results