Indian Penal Code, 1860, Section 420, 354, 506 -- Quashing of FIR - Petitioner being the Director of the Institute allegedly not taking active steps to hold examination of the students - Held that there was no dereliction of duty on his part and he had taken active steps to have the examination held for the Institute - The allegation that proper food was not being provided..........
Prevention of Food Adulteration Act, 1954, Section 20A -- Impleading of manufacturer - Contention of the petitioner regarding no, compliance of S.20A of the Act accepted - Learned Magistrate has not recorded any satisfaction about manufacturer or dealer being concerned about the offence, which was a condition precedent - Order of the Magistrate quashed without prejudice to..........
Prevention of Food Adulteration Act, 1954, Section 20A -- Object - To ensure that the manufacturer or distributor or dealer, if concerned with an offence, is not left out and S.20A of the Act enables simultaneous trial against a manufacturer, distributor or dealer avoiding multiplicity of proceedings - Only requirement is that the trial should have begun and the Court..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Protracted trial - Reduction of sentence to period already undergone - Sample of cow's milk found adulterated - Conviction and sentence of 2 years RI reduced to one year in appeal - Occurrence of the year 1990 - 18 years had elapsed - Accused has a right of speedy trial under Art.21 of Constitution - Accused..........
Prevention of Food Adulteration Act, 1954, Section 7, Criminal Procedure Code, 1973, Section 313 -- Food adulteration - In examination of accused u/s 313 Cr.P.C. contents of report stating the reasons for holding the sample as misbranded and adulterated not specifically put - Cannot be said to have caused serious prejudice to the case of accused as a copy of the report of..........
Prevention of Food Adulteration Act, 1954, Section 7 -- Chilli powder - Adulteration - Non examination of person who purchased packet of chilli powder as defence witness - Not a ground to nullify trial and conviction...........
Prevention of Food Adulteration Act, 1954, Section 19(2, 14 -- Benefit of S.19(2) - Denial on ground that there is no warranty given by manufacturer - A Bill or cash memorandum or invoice in respect of the sale given by the manufacturer would be deemed to be a warranty given by such manufacturer...........
Prevention of Food Adulteration Act, 1954, Section 16(i)(a), Criminal Procedure Code, 1973, Section 482 -- Sample of Toffee Honey Drops - Report of Public Analyst that sample is not of Toffee but a product of Hard Boiled Sugar Confectionery - No offence is made out - Proceedings quashed...........
Prevention of Food Adulteration Act, 1954, Section 14A, 19, Prevention of Food Adulteration Rules, 1955, Rule 12A -- Quashing of summoning order - Sample of `dal' taken from the premises of respondent No.2 found adulterated - Application filed by the respondent No.2 before trial court alleging that he had purchased the said `dal' from petitioner vide bill dated 21.01.1985..........
Prevention of Food Adulteration Act, 1954, Section 17 -- Company - If a person has been nominated under S.17(2) that person shall be proceeded against unless it is shown that the offence was committed with the consent/connivance/negligence of any Director, Manager, Secretary or Officer of the Company in which case the said person also can be proceeded against...........
