Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offen, Section 3(2) -- Preventive detention - Mere registration of three offences by itself would not have any bearing on..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Adulteration - Sample of moong dal - Synthetic food colour of tartrazine was used on the sample - Said food colour is a permitted synthetic food colour - Conviction of accused u/s 16 of the Act is thus, erroneous - Conviction and sentence set aside...........
Prevention of Food Adulteration Act, 1954, Section 2(ix)(k), 16(1)(a)(i), 7 -- Offence of misbranding - Packets which were taken from shop/godown of accused were misbranded as defined u/s 2(ix)(k) of the Act, as they were not labeled in accordance with the requirements of the Act or rules made thereunder - Accused rightly convicted...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Offence of misbranding - Quantum of sentence - Accused is about 60 years of age now and crime itself is of the year 2000 - 24 years have elapsed since commission of crime - Sentence of A-2 converted from 3 months S.I. alongwith fine of Rs.1000 to a fine of Rs.50,000/- - However, sentence awarded to A-1..........
Prevention of Food Adulteration Act, 1954, Section 19(2) -- Sample of pan masala - Protection available to vendor - Vendor sold the packed item after purchasing the same from manufacturer having a written warranty as prescribed under the Act and Rules - He had protection available u/s 19(2) of the Act - Nothing was pointed out to show that manufacturer, distributor or..........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(m) -- Proviso - Adulteration - Sample of Paneer - There is no indication in Public Analyst report as to whether moisture content was more due to natural causes - Even, milk fat content of dry matter may depend upon quality of milk and this question was also not gone into - Petty shop owner has been prosecuted by..........
Prevention of Food Adulteration Act, 1954, Section 13(2), Prevention of Food Adulteration Rules, 1955, Rule 9B -- Public analyst report - Sent by registered post - Accused not available, hence, letter returned - Thereafter not even an attempt was made to personally serve the report on accused - Non compliance of mandatory provision of S.13(2) of the Act as to serving a..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 17 -- Offence u/s 7/16 of the Act - Nominee of company - Nomination in Form VIII duly sent and received - It cannot be rejected on the ground that it was sent on the letter head of the company - Averments in complaint clearly indicate that it was the name of one `D' which was with the Local Health Authority, hence..........
Prevention of Food Adulteration Act, 1954, Section 17 -- Adulteration of dalda ghee - Conviction of nominated person - Remand of matter to Trial court for fresh consideration after 30 years - Non-conviction of company by Trial Court - Failure of Trail Court to convict the company, renders entire conviction of nominated person, unsustainable - Order of remand, not proper...........
Prevention of Food Adulteration Rules, 1955, Rule 32(e) -- Prosecution for lacking in necessary declaration of lot/batch number - Barcode available on sample - Information as to lot/code/batch identification required for tracing manufacturer available in barcode - No useful purpose is going to be served by allowing prosecution to continue and it will be an abuse of process..........
