Criminal Procedure Code, 1973, Section 433 -- Commutation of sentence - Power of Govt. - As per copy of Govt. Orders produced, G.O.Ms.No.1762, Home (Prisons VI) Department, dated 20.07.1987 and G.O.Ms.No.164 Home (Priso, IV) Department dated 02.02.1996, premature release of prisoners was made applicable not for prisoners sentenced under the Prevention of Corruption Act,..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7(1), 2(ia)(m) -- Plea that food article was not intended for sale - Has no substance when it is admitted by accused in his statement u/s 313 Cr.P.C. that the article was sold to PW1 - No violation of Rr.17 & 18 of the Rules - Sentence imposed the minimum - No merits in appeal - Appeal dismissed...........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 20A, Criminal Procedure Code, 1973, Section 482, 251, 254(1) -- Impleadment of a party - Evidence to be recorded - Petitioner cannot be summoned to face trial until the trial begins and before recording of any evidence or before recording plea of other accused persons under S.251 Cr.P.C. - Summoning order passed by..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7(i)(v), 2(1a)(c) -- Prevention of Food Adulteration Rules, 1955, R.5, Appendix B - Coriander - Sample - Found not conforming to standards prescribed without detail of standards required - Held, in the absence of those details, it cannot be said that the same was adulterated - No justification in directing the..........
Prevention of Food Adulteration Act, 1954, Section 17(2), 17(4) -- Company - When there is a nomination u/s 17(2) of the Act and the Company commits an offence, nominee has to be proceeded against in absence of averments that offence was committed with consent, connivance or knowledge of Directors...........
Prevention of Food Adulteration Act, 1954, Section 20 -- Sanction for prosecution - Time for obtaining sanction has to be excluded from period of limitation...........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Cow milk - Fat of 4.7% against prescribed standard of 3.5% - Non solid fat found to be 8.04% as against prescribed standard of 8.5% - Fat content being more and non fat content being only slightly less, no error in order of acquittal...........
Prevention of Food Adulteration Act, 1954, Section 20AA, 16, 17, Probation of Offenders Act, 1958, Section 4 -- Conviction u/ss 16 & 17 of Food Adulteration Act - Accused took a definite stand before First Appellate Court that he was less than 18 years of age and entitled to probation - Plea not considered in right perspective by first Appellate Court and High Court -..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Reduction in sentence - Food adulteration - Conviction - Accused facing agony of protracted criminal proceedings for 27 years - Accused was aged 60 years at the time of taking of sample - Sentence of imprisonment reduced to that of fine of Rs.5,000/-...........
Criminal Procedure Code, 1973, Section 433(d), Prevention of Food Adulteration Act, 1954, Section 16, 7(1) -- Khoya - Sample contained 19.07% of milk fat against 20% - Accused convicted and sentenced to 6 months imprisonment and to pay a fine of Rs.2,000/- - Accused in custody for more than three months - Fine increased to Rs.7500/- - Accused to move appropriate Government..........
