Prevention of Food Adulteration Act, 1954, Section 23, 7(iv) -- Pan Masala, Gutka (containing tobacco) - Its manufacture, sale and storage banned by State Food (Health) Authority - Notification quashed as (1) Power to ban food article vests in Central Government and not in State Authority; (2) State Authority can ban the article as a transitory measure in emergent..........
Prevention of Food Adulteration Act, 1954, Section 2(v) -- Pan Masala, Gutka and Supari - Since eaten for taste and nourishment as such they are food within the meaning of S.2(v) of the act...........
Prevention of Food Adulteration Act, 1954, Section 7(iv), Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, Section 6 -- Cigarettes and other Tobacco Products Act is enacted with intention to bring out a comprehensive enactment to deal with tobacco and tobacco products..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Atta - Report of Public Analyst that sample is adulterated as it showed presence of nine insects, six living and three dead weevils - In absence of report of Public Analyst that sample was insect-infested and unfit for human consumption on account of presence of insects, accused cannot be convicted...........
Prevention of Food Adulteration Act, 1954, Section 17(4) -- Company - Prosecution of Directors - Food Inspector visited shop of vendor and stockist of company and took sample of Jam which was found to be adulterated - In complaint no whisper against Directors of Company that they are responsible for commission of offence - Order issuing process against Directors quashed...........
Prevention of Food Adulteration Act, 1954, Section 14, 16(1)(a)(i), 19(2) -- Oil - Sample taken from sealed tin - Bill produced - Manufacturer arrayed as an accused, expired - Petitioner cannot be held liable - Proceedings quashed and set aside...........
Prevention of Food Adulteration Rules, 1955 -- Item A.20.01 Appendix B - Synthetic vinegar - Word 'Non-fruit' used in label and not 'synthetic' as per provisions of Food Products Order - Cannot be said to have committed any offence under the Act because provisions of Food Products Order overrides the provisions of the Act...........
Prevention of Food Adulteration Act, 1954, Section 2(ix)(g) -- Synthetic vinegar - Marking of label as 'non fruit' instead of 'synthetic' does not amount to misbranding...........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Prevention of Food Adulteration Rules, 1955 - Appendix B, Item 25.01 - Hard boiled sugar confectionery - Found to be adulterated in view of presence of mineral oil - Amendment in rules during pendency of appeal - Under amended rules presence of mineral oil permissible - Benefit of amendment not available as it was..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Prevention of Food Adulteration Rules, 1955 - Appendix B, Item 25.01 - Report of Public Analyst - Hard boiled sugar confectionery - Found to be adulterated in view of presence of mineral oil - Non mentioning of percentage of mineral oil and fact as to whether mineral oil was of food grade - Mere presence of..........
