Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Ladoos - Report of Public Analyst that it contained unpermitted colour - Non mention in the report that it is injurious to health - It is not fatal to the prosecution case as adding of any colouring material is prohibited under the Act and Rules as it is harmful to human health...........
Prevention of Food Adulteration Act, 1954, Section 10(2), 16(1)(a)(i), Prevention of Food Adulteration Rules, 1955, Rule 9(f) -- Milk intended to be sold as such - Failure of Food Inspector to enquire and satisfy himself - Version of accused that the milk was not to be sold as such has to be accepted - If on enquiry vendor does not make necessary disclosures or pleads..........
Prevention of Food Adulteration Act, 1954, Section 10(2) -- Boiled milk - Kept in kitchen of a hotel intended to be used to make other articles of food - Found to be below standard - As milk was not intended for sale as a primary food no offence is committed...........
Prevention of Food Adulteration Rules, 1955, Rule 9(f) -- It is obligatory for the Food Inspector to make enquiries and only in case vendor refuses to make necessary disclosures, presumption under the Note can be raised - When the vendor was not asked regarding the source of milk, it is wrong to apply the standard prescribed for buffalo milk to the sample...........
Indian Penal Code, 1860, Section 306 -- Suicide - Abetment - Wife committed suicide by jumping into well alongwith her four sons - Husband slapped her wife twice in the morning for not preparing food in time and also told her that he will perform second marriage and will treat deceased as servant - Evidence was not sufficient to prove abetment - Conviction cannot be..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7(1), Criminal Procedure Code, 1973, Section 313 -- Adulterated food - Report of Public Analyst not put to accused in his statement u/s 313 Cr.P.C. - Non putting of report has certainly prejudiced the defence of the petitioner - It vitiates the trial...........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Ghee - Sample found to be adulterated - Notice regarding filing of complaint must be given to the petitioner and notice must state which Court accused should approach for sending the sample to the Central Food Laboratory - If notice is not given it will cause prejudice to the accused - Prosecution quashed as no..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a) -- Ghee - Sample taken from a tin - No evidence that entire tin was heated and stirred - Prosecution of accused quashed...........
Prevention of Food Adulteration Rules, 1955, Section 7(ii), 16(1)(a)(i), 2(ix)(e), 2(ix)(k) - - Misbranding - Bottled mineral water - No mention on the label of the bottle that the water contained in the bottle was "mineral water" - Question whether an oral representation made by a staff member of the manufacturing company amount to misbranding as contemplated in the Act -..........
Prevention of Food Adulteration Act, 1954, Section 19(2) -- Retailer - Opened the container and sold the goods in retail - Does not lose the protection of S.19(2) provided he proves that he purchased the article of food with warranty from a duly licensed manufacturer, distributor or dealer and the article of food was properly stored while in his possession and that he sold..........
