Showing : 1-10 of 71 Results

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 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 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...........
CHATTISGARH HIGH COURT
Year of decision: 2014
Details
Prevention of Food Adulteration Act, 1954, Section 7(i), 16(1)(a), 11(3), Prevention of Food Adulteration Rules, 1955, Rule 14-- Sample of Adulterated milk - Sending sample to public analyst - Food inspector obtained sample of milk from bulk of milk kept in container - Nothing on record to show that before taking sample of milk it was thoroughly mixed by stirring or by pouring with one vessel or by shaking it gently in..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 433-- Adulteration of milk - Commutation of sentence - Incident took place more than 18 years back - Petitioner did suffer mental agony which is more than conviction - Petitioner is not a habitual offender - Sentence of 6 months S.I commuted to fine of Rs.6000/- - Order accordingly...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Prevention of Food Adulteration Act, 1954, Section 10(7), 7, 16-- Sample of milk - Breach of mandatory provision of S.10(7) of the Act as no independent witness joined at the time of taking sample - Conviction and sentence set aside...........

Showing : 1-10 of 71 Results