Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Sample of milk taken by Food Inspector in presence of independent witness - Sample found deficient in milk fat - Independent witness given up by Food Inspector during trial being won over - Held, it will not vitiate the conviction...........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Turmeric powder - Accused found in possession of 8 kg. of adulterated turmeric powder - Accused convicted - Accused suffered agony of protracted trial for more than 15 years - Sentence reduced to period already undergone which is 25 days - Fine enhanced from Rs.1, 000/- to Rs.10, 000/-...........
Criminal Procedure Code, 1973, Section 482, Prevention of Food Adulteration Act, 1954, Section 13(2), 2(ix)(k) -- Quashing of proceedings - Sample of ghee - Report of public analyst found the sample to be adulterated - Sample also sent to Central Food Laboratory - As per the report of the CFL, sample was not found adulterated but misbranded - Accused contended that..........
Prevention of Food Adulteration Act, 1954, Section 16A -- Summary trial - Trial Court adopted warrant case procedure - Prosecution was directed to lead pre charge evidence - No challenge at any stage to procedure adopted - No prejudice caused to accused - Occurrence took place nearly two decades back - Infractions related to a small quantity of `lal mirch' - Sentence..........
Prevention of Food Adulteration Act, 1954, Section 17 -- Company - Offence u/ss 7, 16 - Company nominated a person for conduct of its business and the same duly communicated - Prosecution of Managing Director and Director - No averment in complaint that Managing Director and Director are in charge of day to day conduct of the business of the company and responsible for..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Sample of milk found deficient by 9% of solid milk fat - Accused convicted and sentenced to 6 months R.I. - Incident 16 years old when the accused was 20 years of age - Sentence reduced to one already undergone - However, fine enhanced from Rs.1, 000/- to Rs.10, 000/-...........
Prevention of Food Adulteration Act, 1954, Section 13(2), 16, 7 -- Leave to appeal against order of acquittal - Prosecution's case that sample of buffalo Milk' was found `adulterated' - Complaint filed in Court of Metropolitan Magistrate against respondent/accused after about 10 months of lifting sample of buffalo milk from appellant - Local Health Authority alleged to..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Use of aluminium foil on food article like sweets or chocolates is not injurious to health nor there is any statutory prohibition of using such foil...........
Criminal Procedure Code, 1973, Section 482 -- Maintainability of petition u/s 482 Cr.P.C. as alternative remedy of filing revision petition u/s 397 Cr.P.C. available - Summoning of petitioner by Magistrate under Prevention of Food Adulteration Act - Petition u/s 482 Cr.P.C. dismissed by High Court holding that petitioner had a remedy of filing revision under 397 Cr.P.C.-..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 433 -- Conviction u/s 7/16 of PFA - Accused sentenced to six months imprisonment and fine of Rs.1, 000/- - Held, that petitioner has faced trial for more than a decade - He was in custody for more than a month - Case of petitioner sent to Govt. for commutation of sentence -..........
