Prevention of Food Adulteration Act, 1954, Section 13(2) -- Adulteration - Sample of milk - Non-compliance of provisions of S.13(2) of the Act - Accused was given an option to have second sample sent to CFL when Magistrate took cognizance of complaint - However, accused waived his right by not applying to Magistrate for sending second sample for analysis to CFL and he..........
Prevention of Food Adulteration Act, 1954, Section 7, 16(1)(a), Constitution of India, 1950, Article 142 -- Adulteration - Sample of milk - Quantum of sentence - Occurrence took place more than 20 years back - Power u/art 142 of Constitution cannot be exercised against specific provision of law - S.16(1)(a) of 1954 Act lays down a minimum sentence of 6 months - Passage of..........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Compliance of S.13(2) of the Act - Furnishing report of Analyst to accused - Report despatched by registered post - No evidence brought on record to indicate that report was actually served or delivered to accused - Held, mere despatch of report is not sufficient - Accused cannot be held guilty - Accused..........
Prevention of Food Adulteration Act, 1954, Section 7(1), 16(1)(a)(i), 10 -- Milk - Sample to be collected in the presence of an independent witness - Independent witness not supporting prosecution case - Held, manner as to whether sample was appropriately taken after properly stirring the milk and whether same was sent for analysis also in such manner not established -..........
Prevention of Food Adulteration Act, 1954, Section 7(1), 16(1)(a)(i), 10 -- Milk - Sample found deficient - Independent witness not supporting prosecution case - Uncorroborated testimony of PW-1 Food Inspector cannot be relied upon to sustain conviction - Accused acquitted...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Adulteration - Red chilli powder - Sample found adulterated - Sample taken from eating place, which was kept for cooking/preparation of food - Sale of food item meant for coking/preparation of vegetable/food in an eating place to Food Inspector would amount to sale u/s 2(xiii) of the Act - Accused..........
Prevention of Food Adulteration Act, 1954, Section 7 -- Storage of adulterated food - Adulterated food stored for sale or when such food is stored for making some other food which is sold, such storage is an offence...........
Prevention of Food Adulteration Act, 1954, Section 13 -- Sample of Ghee - Variation between reports of Public Analyst (PA) and Director - Certificate of Director shall supersede the report of PA - S.13(3) Proviso of the Act, makes such a certificate final and conclusive evidence, puts it beyond any shadow of doubt that report of PA loses any significance in proceedings as..........
Prevention of Food Adulteration Act, 1954, Section 2(ia) -- Adulterated - Meaning - Adulterated article of food is deemed to be adulterated if article sold by vendor is not of nature, substance or quality demanded by purchaser and is to his prejudice or its not of nature, substance or quality which it purports or is represented to be...........
Prevention of Food Adulteration Act, 1954, Section 2(ia), 2(ia)(m) -- Adulteration of food - If written consent records prima facie satisfaction of Joint Commissioner that sample is adulterated, then sample is adulterated u/ss.2(ia), 2(ia)(m) of the Act...........
