Prevention of Food Adulteration Act, 1954, Section 10, 13 -- Complaint on the allegation of misbranding - Complaint filed without getting report from Public Analyst - Held, complaint not sustainable...........
Prevention of Food Adulteration Act, 1954, Section 16(1A) -- Protracted trial - Reduction in sentence - Accused suffered protracted trial of 12 years - Accused more than 70 years of age - Accused not repeated the offence - Sentence reduced to already undergone - However, fine enhanced to Rs.25, 000/-...........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Refined Soyabean Oil - Label containing leading depiction of pictures do not amount to misleading - Proceedings quashed...........
Prevention of Food Adulteration Act, 1954, Section 2(ia) -- Cumin seed - Sample taken in polythene bags instead of jars and bottles - Held, cumin seed is a dry, hard substance - Not shown that because it was collected in polythene covers and not in jars or bottles, it could not be preserved and safeguarded properly - Contention that Rule is violated not available to the..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Report of CFL supersedes the report of Public Analyst as such for no purpose whatsoever it can be looked into...........
Prevention of Food adulteration Act, 1954, Section 16(1)(a)(i) -- Cow milk - Milk for public sale - Milk fat found below minimum prescribed limit - Accused convicted - Procedure of warrant case adopted at very commencement of case and without giving opportunity of being heard to parties and passed order of conviction - Trial vitiated - Remitting back of case will amount to..........
Prevention of Food Adulteration Act, 1954, Section 23, Prevention of Food Adulteration Rules, 1955, Rule 14 -- Compliance of Rules - Question of fact - Held, whether any rule, even mandatory rule has been complied with or not, is always question of fact and has to be judged from evidence recorded during trial...........
Criminal Procedure Code, 1973, Section 211, Prevention of Food Adulteration Act, 1954, Section 7(ii) -- Adulteration of food - Framing of charge - Error or irregularity therein - Held, an error or omission or irregularity in framing charge is not sufficient for upsetting conviction unless prejudice or failure of justice is shown...........
Prevention of Food Adulteration Act, 1954, Section 23(1A) -- Taking of sample - Contention that substance which was obtained was edible oil and this substance is required to be so stirred to make it homogeneous - Held, Food Inspector deposed that before taking sample, whole substance in tin was stirred by vendor in his presence - This is sufficient compliance to make..........
Prevention of Food Adulteration Act, 1954, Section 23, Prevention of Food Adulteration Rules, 1955, Rule 4(3) -- Compliance of R.4(3) - Proof of - Certificate given by Central Food Laboratory in uncertain terms establishes that seals on samples' container were intact - Seals on cover of sample container as well as on outer cover of sample parcel were also intact and..........
