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Showing posts with label S 13(2) of prevention of food adulteration Act. Show all posts
Showing posts with label S 13(2) of prevention of food adulteration Act. Show all posts
Sunday, 24 December 2023

Supreme Court: Prevention of Food Adulteration Act- Mere Dispatch Of Public Analyst's Report To Accused Not A Sufficient Compliance Of Mandatory Requirement To Serve It On Him

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Under Sub-section (2) of Section 13, it is mandatory for the Local (Health) Authority to forward a copy of the report of the Public Analyst ...
Sunday, 20 November 2022

Whether the court can rely on report of public analyst if he is not examined?

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Whatever that may be, we are concerned in this case not with the report of a Chemical Examiner but with that of a Public Analyst. In so far ...
Wednesday, 23 May 2018

Whether prosecution under Prevention of food adulteration Act can be quashed if there is inordinate delay in launching of prosecution?

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It is, thus, clear that by causing inordinate delay in launching the prosecution against the petitioner (vendor), the petitioner was depri...
Saturday, 13 May 2017

Whether it can be presumed that food product is not fit for testing if its shelf life has expired?

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 Learned counsel for the applicants submitted that the oil was manufactured on 22-6-2004 and the shelf life was six months but the comp...
Wednesday, 10 May 2017

When court will quash prosecution under prevention of food adulteration Act?

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Taking note of the provisions of Section 13 of the Act, if we look into the conduct of the respondent authorities what clearly reflects ...
Tuesday, 13 September 2016

Whether Co-accused are also entitled to benefit of right exercised U/S 13(2) of Prevention of Food Adulteration Act?

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  On hearing the parties we find ourselves in complete agreement with the submissions advanced on behalf of the Appellant that in case l...
Friday, 13 November 2015

Whether Magistrate can rely upon report of public analyst in prevention of food adulteration case even though he is not examined?

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Section 13(5) of the Act, makes the report of the public analyst admissible in evidence and a Court of fact is free to act on it or not...
Tuesday, 10 November 2015

When report of public analyst can be used against accused in prevention of food adulteration case?

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The provision shows that the Local (Health) Authority needs to inform to the accused about the report of analysis and within a period of t...
Tuesday, 22 September 2015

Whether accused can be acquitted in food adulteration case on the ground that report of public analyst is not served upon him?

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The entire appeal could be disposed of only on this count. The record shows that even office copy of the notice under  Section 13(2)  is s...

Whether accused can be acquitted on the ground that notice U/S 13(2) of prevention of food adulteration was sent to him belatedly?

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 In this case the delay in filing the Complaint and sending the notice under  Section 13(2)  of the Act belatedly is entirely attributable ...