Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Sentence - Sample of 'Milk' found adulterated - Incident of the year 1981 - A period of 24 years has passed since the date of incident - A period of about 19 years has passed from the date of order of the appellate court - Accused has already undergone sentence of five months - Instead of ordering the accused..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Criminal Procedure Code, 1973, Section 386, 401 -- Conviction - Appeal - Remand by lower appellate Court on ground that word 'insect infestation' not put in statement u/s 313 Cr.P.C. - Held, lower Appellate Court can remand case for hearing when either whole trial is illegal or non curable defect has occurred which..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Conviction u/s 16(1)(a) (i) of PFA - Accused sentenced to undergo RI for six months and to pay fine of Rs.1,000/- - Incident 20 years old - Sentence reduced to already undergone - Amount of fine enhanced to Rs.5,000/-...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - 'Child witness' - Murder of wife by accused - Funeral performed hurriedly without informing her family members - Evidence on record that deceased was ill-treated and given beatings by appellant and not given proper food - Funeral performed without lodging any report and post-mortem - Evidence..........
Prevention of Food Adulteration Act, 1954, Section 16 -- Probation of Offenders Act, 1958, Section 4 - Probation - Grant of - On grounds that the petitioner is an old person of more than 70 years of age; out of total sentence of six months imprisonment, he has already undergone for few days; he is the first offender; he has not mis-used the concession of bail during a long..........
Prevention of Food Adulteration Act, 1954, Section 13(2), Prevention of Food Adulteration Rules, 1955, Rule 32(g)(i) -- 'Best use before six months' from date of packing - Does not mean that shelf life is six months - 'Best before' means that it is to be used before six months for its specific qualities...........
Prevention of Food Adulteration Act, 1954, Section 7(1), 16(c)(a)(i), Prevention of Food Adulteration Rules, 1955, Rule 53, 54, 55 -- Sample of sweetened carbonated beverages (Coca Cola, Limca etc.) - They have no shelf life - No preservative is required to be added in the sample...........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Sample - Found adulterated by Public Analyst - Accused has remedy to get second sample analysed by Central Food Laboratory - If accused does not avail the remedy then it cannot be held that accused suffered prejudice on account of delay in laying the prosecution...........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Sample of sweetened carbonated beverages (Coca Cola etc.) - Prosecution launched after 23 months of taking sample - Request for sending second sample by Central Food Laboratory not availed on the ground that shelf life of carbonated water which was six months had already expired before launching prosecution -..........
Prevention of Food Adulteration Rules, 1955, Rule 7(3), Prevention of Food Adulteration Act, 1954, Section 13(2) -- Sample - Analysed by Public Analyst - Did not send copy of report within period of 40 days to local health authority in the prescribed form - It cannot be said that valuable right of accused u/s 13(2) of the Act has been deprived with...........
