Prevention of Food Adulteration Act, 1954, Section 20, 7, 16 -- Sanction for prosecution - Written consent accorded by Joint Commissioner is based on existence of material on record and it discloses application of mind by concerned authority - Order of acquittal passed by Session Court set aside - Order of trial Court convicting accused upheld...........
Prevention of Food Adulteration Rules, 1955, Section 13(1)(e), 13(2), 19 - - Private complaint - Sanction for prosecution as required u/s 19 of Act is a condition precedent to entertain private complaint alleging offences under P.C. Act - Special Judge referred complaint to police without considering whether private complaint against member of Legislative Assembly which is..........
Prevention of Food Adulteration Act, 1954, Section 7(v), 16(a)(i), 20, Criminal Procedure Code, 1973, Section 482, Prevention of Food Adulteration Rules, 1955, Rule 37A -- Pan Masala - Ingredients not shown on the label thus violating Rule 37-A of the Rules - Prosecution for an offence under the PFA Act can only be instituted with the written consent of the Central..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Samples of safflower and sunflower found adulterated by Public Analyst - After receiving the consent letter from competent authority, complaint filed - Second sample sent to Director, CFL who partly confirmed the report of Public Analyst - Accused acquitted on the ground that fresh sanction after the receipt of..........
Criminal Procedure Code, 1973, Section 482, Prevention of Food Adulteration Act, 1954, Section 13(2), 2(ix)(k) -- Quashing of proceedings - Sample of ghee - Report of public analyst found the sample to be adulterated - Sample also sent to Central Food Laboratory - As per the report of the CFL, sample was not found adulterated but misbranded - Accused contended that..........
Prevention of Food Adulteration Act, 1954, Section 20 -- Sanction for prosecution - Time for obtaining sanction has to be excluded from period of limitation...........
Prevention of Food Adulteration Act, 1954, Section 20 -- Sanction for prosecution - Filling up blanks of proforma - Shows complete non application of mind - While granting sanction for prosecution sanctioning authority is required to thoroughly examine the matter as to committing an offence and that it is in the public interest to accord sanction - Accused acquitted...........
Prevention of Food Adulteration Act, 1954, Section 20 -- Sanction for prosecution - Typed sanction on the complaint itself - No endorsement on the appended papers appended to the complaint that the same has been perused before according consent for prosecution - Held, consent for prosecution is granted in mechanical manner...........
Prevention of Food Adulteration Act, 1954, Section 20, 16(1A), 2(1)(h) -- Prosecution - Sanction - When report of Public Analyst is superseded by Certificate of Director of Central Food Laboratory, it is not necessary to obtain a fresh consent to continue prosecution which was validly instituted...........
Prevention of Food Adulteration Act, 1954, Section 2(ix)(k), 7(2), 16(1)(a)(i), Prevention of Food Adulteration Rules, 1955, Rule 32(b) -- Misbranding of food article - Appellant purchased two packets of Cadbury's Butter Glucose Biscuits - Packets alleged to be not labelled - No mention of the brand name of the biscuits sold by seller - Complaint alleging misbranding not..........
