Prevention of Food Adulteration Act, 1954, Section 7, 16 -- 'Gutkha' - Sample found misbranded - Franchiser - Cannot be prosecuted if he is permitted to use brand name/trade name by franchisee and franchisee is the manufacturer - A clause in agreement that quality control should be maintained does not imply that franchiser is manufacturer - Complaint and proceedings..........
Prevention of Food Adulteration Act, 1954, Section 13(5) -- CFL report - Signed by Director - Can be used as evidence without formally getting it proved and/or formally admitting the same into evidence...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Milk - Sample found adulterated - Conviction on the basis of report of Public Analyst - Report of CFL not taken into consideration as not proved or formally tendered in evidence - Report signed by Director CFL can be used as evidence without formally getting it proved and/or formally admitting the same into..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(ii), 13(2, Prevention of Food Adulteration Rules, 1955, Rule 7(3) -- Mahua oil - Sample found adulterated - Rule 7(3) violated as Public Analyst sent his report after more than 50 days instead of 40 days - There was also non-compliance of the provision of S.13(2) of the Act as prosecution failed to prove that..........
Prevention of Food Adulteration Act, 1954, Section 13(2), Criminal Procedure Code, 1973, Section 378(3) -- Salt - Sample found misbranded - Acquittal - Leave to Appeal - Copy of report of Public Analyst not sent to accused - It is mandatory under S.13(2) of Prevention of Food Adulteration Act to send copy of report of result of Analyst to accused - Accused acquitted -..........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(m), 16(1)((a)(i) -- Ready to serve synthetic soft drink - Item of food sold by petitioner described to be '1800 ml. of pineapple cool drink' - Article sold was neither fruit juice nor was it purported to be made from fruit juice - It was only final food beverage prepared from synthetic soft drink concentrate - No..........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Milk - Sample found adulterated - Public Analyst Report - Report of public analyst received after filing of complaint within time - Prayer for sending second sample was to be made immediately - But application moved after delay of 10 months - After delay of 10 months sample of milk cannot be sent for second..........
Prevention of Food Adulteration Act, 1954, Section 16 -- Prevention of Food Adulteration Rules, 1955, Rule 9(j) - Milk - Sample found adulterated - Rule 9 is not mandatory but directory - Non compliance of Rule 9 - Accused cannot be acquitted...........
Prevention of Food Adulteration Act, 1954, Section 6, 10(7), 17 -- Sample of Mustard Oil found adulterated - Inspector had not cleaned the Katora (utensil) in which sample was taken - Public Analyst report showed a marginal difference in the standard of mustard oil and the mustard oil taken in sample - It was the duty of Food Inspector to have cleaned the utensil when..........
Prevention of Food Adulteration Act, 1954, Section 2(ia) (m), 2(ia)(b),, 7(i) -- Salt - Sample taken from sealed packet - Sample found adulterated - Prosecution of manufacturer - In absence of purchase bills manufacturer cannot be prosecuted - Manufacturer cannot be prosecuted merely for the reason that name of manufacturer, supplier, marketing agency are found on the..........
