Prevention of Food Adulteration Act, 1954, Section 17(2), 17(4) -- Company - When there is a nomination u/s 17(2) of the Act and the Company commits an offence, nominee has to be proceeded against in absence of averments that offence was committed with consent, connivance or knowledge of Directors...........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Prosecution allegation that accused working as Food Inspector and co-accused as clerk demanded bribe to release wheat to the complainant - Tainted currency notes recovered from the accused during trial - During trial complainant and shadow witness turned hostile - Demand of bribe money not proved - Defence set up by..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Milk - Sample contained fat to the extent of 4% and milk solids to the extent of 7.4% - Standard of fat required is 3.5% - Standard of non fat required is 8.5% - Thus solids not fat was less than 1.1% but sold were .5% on higher side - Milk can be adulterated only if fat and solids both are on lesser side -..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Sample retest - Right of vendor to have sample retested frustrated due to inordinate delay in the institution of complaint - Inordinate delay in launching prosecution not explained - Conviction set aside...........
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...........
