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Showing posts with label food safety. Show all posts
Showing posts with label food safety. Show all posts
Saturday, 13 August 2022

Whether tobacco and tobacco products are food as per food safety Act?

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  33.   We are not in agreement with  Sanjay Anjay Stores  (supra) upon which reliance has been placed by Mr. Bhangde, learned Senior Counse...

Whether food safety Act will have overriding effect over COPTA?

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What is material to be noted is that COPTA has not been given any overriding effect upon any other law, holding the field or which may be en...

Can the court convict an accused for selling buttermilk if the food adulteration Act prescribes no standard?

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  It will be seen from the definitions of the various products in Appendix B to the Rules, which we have already extracted, that wherever th...

Whether the Court can set aside conviction of a person if food inspector has not undergone requisite training?

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  Shri Ramesh Kumar, learned Counsel for the applicant, has contended that Chawla (PW 1) did not possess the requisite training in Food Insp...

Whether the court can quash prosecution against accused under Food safety Act if there no FSL report or expert report?

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As seen from the material placed on record, there is  no FSL or expert report to the effect that the substance seized is  dangerous/hazardou...

To what extent provisions of food adulteration Act is applicable to trial of food safety Act?

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 Even though the said Act in fact incorporates various provisions of the Prevention of Food Adulteration Act, 1954, the said Act has not exp...
Friday, 7 February 2020

Whether accused in prevention of food adulteration Act can be acquitted if article of food was not injuries to health?

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  We are of the considered view that once standards are laid down by the Legislature then those standards have to be followed. In items li...
Thursday, 20 September 2018

SC: Prosecution under IPC can be initiated in case of food safety violation

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 The High Court is clearly wrong in holding that action can be initiated against defaulters only under Section 55 of FSS Act or proceedin...