Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Prevention of Food Adulteration Rules, 1955, Rules 14 and 16 - Sample - Taken in a wrapper of strong thick paper - Whether covered under the definition of other suitable container as provided under the provisions of Rule 14 of the Rules - Held that a polythene container or a thick paper wrapper are not..........
Prevention of Food Adulteration Act, 1954, Section 10(7) -- Sample - Collection of - Presence of independent witnesses - The provisions of Section 10(7) are mandatory - But their no, compliance itself would not vitiate the trial if there exists proper documentary evidence to show before the court that it was not practically possible for the Food Inspector to secure the..........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) - Conviction - Revision against - Public Analyst not declared in the report the details of the colour matters which were in the contravention of the Food Health Authority - Notification - What are the unpermitted basic coaltar dye regarding which the violation has..........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954, Sections 7 and 16(1)(a)(i) - Revision - Against conviction - Sample - That once the complaint did not say that the milk was stirred and made homogeneous before the sample was taken, the accused cannot be convicted - As this court has to hold that the sample was not taken properly...........
Criminal Procedure Code, 1973, Section 482 - - Complaint for punishment under section 16(1)(c) of the Prevention of Food Adulteration Act, 1954 - Petition for quashing - Criminal complaint filed on 06.09.1986 - Initially tried as warrant case - Then changed to summon case - Again to warrant procedure - Charged framed on 25.01.1996 - No evidence of the case proceeded..........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -Revision - Against conviction - Sentence - Alleged adulteration of food article pertained to deficiency of sugar - In no manner was it injurious to the health of human being - Accused going through ordeal of the litigation for the last seven years and was under..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Charge under Section 7 of Food Adulteration Act, 1954 - Complaint dismissed in default of appearance of complainant - Reviewed by Judicial Magistrate and restored - Held the order passed by trial Court while restoring the complaint is bad in law in as much as that order was passed without jurisdiction - Exercising..........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing of proceedings under section 7 read with section 17(1)(i)(a) of Prevention of Food Adulteration Act - Delay in completing trial - Sample taken in February 1986 - Charge framed in March 1987 - In the year 1990 the learned Magistrate again opted to adopt summary procedure - No prosecution witness examined -..........
Criminal Procedure Code, 1973, Section 401 -- Case under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 - Revision - Additional Sessions Judge setting aside the order of conviction passed by Chief Judicial Magistrate - Remands the matter for conducting fresh trial - Observations made that PW1 never produced for cross-Examination - Statement of Food..........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Food Adulteration Act, 1954 - Section 13(3) - Complaint - Petition for quashing - The complaint as such will not be quashed simply because another report of the Central Food Laboratory which is little at variance with that of the Public Analyst has been received...........
