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...........
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..........
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...........
Prevention of Food Adulteration Act, 1954, Section 13 -- Sample of Ghee - Variation between reports of Public Analyst (PA) and Director - Certificate of Director shall supersede the report of PA - S.13(3) Proviso of the Act, makes such a certificate final and conclusive evidence, puts it beyond any shadow of doubt that report of PA loses any significance in proceedings as..........
Prevention of Food Adulteration Act, 1954, Section 2(ia) -- Adulterated - Meaning - Adulterated article of food is deemed to be adulterated if article sold by vendor is not of nature, substance or quality demanded by purchaser and is to his prejudice or its not of nature, substance or quality which it purports or is represented to be...........
Prevention of Food Adulteration Act, 1954, Section 2(ia), 2(ia)(m) -- Adulteration of food - If written consent records prima facie satisfaction of Joint Commissioner that sample is adulterated, then sample is adulterated u/ss.2(ia), 2(ia)(m) of the Act...........
Prevention of Food Adulteration Act, 1954, Section 20, 7, 16 -- Sanction for prosecution - Written consent accorded by Joint Commissioner is based on existence of material on record and it discloses application of mind by concerned authority - Order of acquittal passed by Session Court set aside - Order of trial Court convicting accused upheld...........
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(ia)(a), 2(ia)(m), 16, 17, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Adulteration in mustered oil - Vicarious liability - To substantiate vicarious liability, neither there is averment in complaint nor there is any material to fasten liability of applicants - Proceedings not tenable in..........
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(ia)(a), 2(ia)(m), 13(2) -- Adulteration in mustered oil - Re-analysis of samples - Delay in filing of complaint - Complaint filed after 12 months i.e. after expiry of shelf life - Hence, accused lost right to re-analysis the samples in accordance with S.13(2) of the Act...........
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(ia)(a), 2(ia)(m), 13(2) -- Adulteration in mustered oil - Non-compliance of S.13(2) of the Act - Vitiates the prosecution case...........
