Prevention of Food Adulteration Act, 1954, Section 13(2) -- Report of public analyst showed that sample of food articles were adulterated - Copy of report sent to accused - Delay of 10 days on the part of accused in making applications for sending second sample to laboratory - Held, if accused makes an application after expiry of the period and satisfies court that there..........
Prevention of Food Adulteration Act, 1954, Section 7(i), 2(i)(m) -- Food adulteration - Conviction - Reduction in sentence - Sample of food found not in conformity with prescribed standards - Incident took place about 27 years ago - Accused now more than 70 years of age - Suffering from several ailments - Conviction maintained - Sentence reduced to already undergone...........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 13(2) -- Sample of groundnut oil found adulterated - Accused convicted - Report of public analyst not sent to the accused u/s 13(2) of the Act - Held, it deprives the accused of an important safeguard and defense - Accused, in the absence of report cannot move the court for sending other part of the sample to CFL -..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 13(2) -- Protracted trial - Conviction - Accused suffered 25 years of protracted trial - Also suffered sentence of near about 5 days - Plea that sentence of one year be reduced to already undergone - Cannot be allowed - High Court has no power to reduce imprisonment less than the minimum period prescribed under the..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 482, Prevention of Food Adulteration Rules, 1955, Rule 37A(2) -- Sample of Lipton Milkhana Instant Dairy Whitener - Found adulterated - No standard laid down - Prosecution not sustainable on basis of analysis thereof according to standard prescribed for another article...........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Cow milk - Sample found deficient - Petitioner convicted and sentenced - Petitioner suffered protracted trial for 22 years and remained in jail for about 2 months - No evidence of previous involvement in any offence - Sentence reduced to already undergone - However, fine enhanced from Rs.1000/- to Rs.10, 000/-...........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Sample of Paneer - Sample kept at room temperature and not in refrigerator before it was sent to Central Forensic Laboratory - Sample deficient in fat - Delay of four months in filing complaint - Delay defeated valuable right of complainant as sample would have decomposed and become unworthy of analysis by Central..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Sample of 'Lehar Bhujia' - Found adulterated as it contained Kesari Dal - Sample drawn in 1998 - Notification prohibiting use or sale of Kesari Dal was with effect from 06.04.2000 - Proceedings quashed...........
Prevention of Food Adulteration Act, 1954, Section 16, 7 -- Reduction in sentence - Accused convicted and sentenced to 15 months simple imprisonment - Accused remained in jail for two and half months - Incident relates back to the year 1991 - Accused 60 years of age and having six children and ailing wife - Sentence reduced to period already undergone...........
Prevention of Food Adulteration Act, 1954, Section 20A, Criminal Procedure Code, 1973, Section 319 -- Power u/s 20-A of PFA Act or u/s 319 Cr.P.C. can be invoked only on the evidence adduced before the Court...........
