Prevention of Food Adulteration Act, 1954, Section 17(2) -- Company - Nomination of a person by Company in terms of S.17(2) of the Act - Proceedings against other person of company could not be initiated only on the ground that nomination had not been accepted and signed by Chief Medical Officer...........
Prevention of Food Adulteration Act, 1954, Section 20 -- Complaint to be filed by competent person - Held, that complaint could be instituted apart from Central or State Govt. by a person authorised in that behalf - Such a person who is authorised to institute complaint could give his written consent for the prosecution by the Food Inspector...........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Complaint was filed against proprietor and salesman of a establishment- Notice u/s 13(2) sent to both of them by registered post - Receipt of notice by the proprietor - It shall be presumed that salesman had also received the notice as notice to both of them were sent at the same address - Held, that there was..........
Prevention of Food Adulteration Act, 1954, Section 16(A) -- Summoning - Accused was not tried in a summary manner but tried as a summons case - Held, that no prejudice was caused to accused and trial cannot be said to be vitiated...........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Turmeric whole - Sample found insect damaged - Public analyst report did not state that article was unfit for human consumption or injurious to health - Sentence of one year reduced to six months...........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- 'Khoya' - Sample taken with knife which was previously used for taking sample of Patisa - Fat content of sample was 20.60% - Starch found in traces - Traces of starch found were as same knife was earlier used for taking sample of Patisa - Very fact that percentage of fat was more than the prescribed limit, throws..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 19(2) -- Sample food article purchased in a sealed pack condition - Prosecution of vendor and manufacturer - Lack of plea and proof by manufacturer that sample food article and or the sealing on it was not intact and that seal was not in a condition in which it was sold - Not open to Court to deny benefit of..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- 'Gutkha' - Sample found misbranded - Franchiser - Cannot be prosecuted if he is permitted to use brand name/trade name by franchisee and franchisee is the manufacturer - A clause in agreement that quality control should be maintained does not imply that franchiser is manufacturer - Complaint and proceedings..........
Prevention of Food Adulteration Act, 1954, Section 13(5) -- CFL report - Signed by Director - Can be used as evidence without formally getting it proved and/or formally admitting the same into evidence...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Milk - Sample found adulterated - Conviction on the basis of report of Public Analyst - Report of CFL not taken into consideration as not proved or formally tendered in evidence - Report signed by Director CFL can be used as evidence without formally getting it proved and/or formally admitting the same into..........