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...........
Prevention of Food Adulteration Rules, 1955 - - Rules 28 and 29 - Offence - In Dal no Coaltar dye colour or synthetic colour is permissible - The mere presence of the said colour would make it an offence...........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954 - Section 16(1)(a)(i) - Conviction - Revision against - Keeping in view of the fact that the petitioner is suffering agony of protracted trial since 1982 and that he was less than 18 years on the date of commission of offence ordered to be released on probation under Section 4(1) of the..........
Criminal Procedure Code, 1973, Section 401 -- Prevention of Food Adulteration Act, 1954, Sections 7, 16(1)(a)(i) - Revision against conviction - Sentence - 14 long years have expired when the sample was taken. The petitioner already undergone a part of the sentence - Sentence reduced to one already undergone...........
