Prevention of Food Adulteration Act, 1954, Section 13(2) -- Sample - Found adulterated - Public Analyst Report - Sending to accused - Not only despatch but also receipt of the same by accused has to be proved by prosecution - Non compliance of the mandatory provision - Accused acquitted...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Sample of Badana - No standard prescribed under the Act - In the absence of prescribed standard for Badana under the Act, petitioner cannot be convicted for adulteration...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Paper Chromatography Test - This test could not bring forward whether the coal tar dye used was permissible or non permissible - Conviction set aside...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Sample of Cow's milk - Solids were 6% deficient of the minimum prescribed standard - Factum of stirring the milk has not been mentioned in the spot memo prepared by the Food Inspector - Deficiency of milk solid only and not in the fat may indicate that either the sample was not properly analysed or the cow..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(1) -- Adulteration - Cow's milk - Deficiency in milk solids and not fat - It cannot be said that milk is adulterated - Only inference that can be drawn is that either sample was not properly taken or analysed or that cow was not properly fed - Petitioner acquitted...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(1) -- Sample of milk found 5% deficit in milk solids - Factum of stirring is to be mentioned in the complaint - Statement in Court to this effect is only an improvement - Accused acquitted...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(1) -- Milk - Homogeneous - Drum having capacity of 45 litres and having milk to its full capacity - Milk stirred with a milk measure of 6 inches - Milk could not be made homogeneous as is required to be done before taking sample - Petitioner acquitted...........
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 -..........
