Prevention of Food Adulteration Act, 1954, Section 7,16,2(ia) -- Appendix B Turmeric powder mixed with powdered rice - Prevention of Food Adulteration Rules 1954, R. 5, - No evidence that powdered rice found mixed with turmeric powder is injurious to health - Adulterant powder rice 30% approximately and total starch 47.69% by weight which is much below the permitted..........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Complaint - Filing of - Nearly two years elapsed between date of inspection and report of analyst and complaint - Quashing of proceedings sought on ground of delay in filing the complaint - Held, mere delay in filing the complaint per se is not a ground to quash proceedings...........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Notice u/s 13(2) - Non issuance of - Held, notice u/s 13 (2) of the Act is mandatory - Where such a notice was not issued prosecution launched becomes illegal and is liable to be quashed...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a) -- Food item - Foodstuff purchased by Food Inspector - Whether a food item within the meaning of the Act - Held, foodstuff purchased by Food Inspector was not a food item within the meaning of the Act - Once sample seized from premises of A2 from custody of A1 is not a food item within the meaning of Act, whether..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 17 -- Sale of cow milk without requisite licence - Accused society indulging into storage of milk for purpose of sale - Accused-society merely an agent of Milk Federation, Collects milk from farmers and supplies same to Milk Federation for its further supply to Govt. - Milk Federation holding valid licence - Held,..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Prevention of Food Adulteration Rules, 1955, Rule 32 -- Label on ghee container misbranded as date of manufacture not mentioned - It is breach of Rule 32 - A written warning has to be given for the offender for the first time - In case breach is repeated after the warning, then party committing the offence for the..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Prevention of Food Adulteration Rules, 1955, Rules 17 & 18 - Rules 17 & 18 not complied with - Acquittal of accused is unassailable...........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Prevention of Food Adulteration Rules, 1955, Rule 50, Criminal Procedure Code, 1973, Section 378 -- Sale of adulterated Paneer - Appeal against acquittal - PW1 never stated before Court that seized Paneer was meant for sale to public - Report of Public Analyst showing fat contents to be 40.45% whereas report of..........
Prevention of Food Adulteration Act, 1954, Section 10(4) -- Seizure of premises - Food Inspector has no power to seize the premises - It is only the articles intended for food and suspected as adulterated or misbranded could be seized and not the premises where such articles have been kept - Order regarding seal of premises set aside...........
Prevention of Food Adulteration Act, 1954, Section 20A -- Sample of mustard oil found adulterated on analysis - Summoning of manufacturer - No evidence against manufacturer - Summoning order does not reflecting that there was any receipt or invoice or warranty issued by petitioners in favour of person from whom sample was purchased and against wholesale merchant - Held,..........
