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Showing posts with label public analyst. Show all posts
Showing posts with label public analyst. 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 ...
Friday, 14 April 2023

Is the Central Drugs Laboratory report conclusive against a manufacturer if they did not have the opportunity to get the sample re-analyzed?

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 From the foregoing analysis of law on the subject, it is clear that while a manufacturer has a valuable right of getting the sample re-test...
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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 ...
Friday, 28 October 2022

Can the court convict an accused for adulteration of paneer if paneer has moisture due to natural causes?

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 An offence under Section 2(ia)(m) will be made out if the quality or purity of the article falls below the prescribed standard. However, th...
Wednesday, 3 November 2021

Whether court should acquit an accused of an offence under the Drugs and Cosmetics Act if the appointment of the Public analyst is not notified in the Government Gazette?

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 It is settled law as relied upon in  R.A. Chandawarkar  (supra) that publishing it in Government Gazette is not just a mere formality. The ...

Whether court should convict accused for an offence under prevention of food adulteration Act if report of public analyst is vague?

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  It is imperative in my opinion that the Public Analyst must find out when a sample falls below the prescribed standard or its constituents...
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 ...
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...
Saturday, 10 October 2015

How to challenge report of public analyst?

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 In fact, this issue as to the correctness of the certificate issued by the Public Analyst has been considered by the judgment of the Divi...
Sunday, 4 October 2015

When oral evidence of public analyst will prevail over his written analysis report?

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There is no doubt that the Report ex facie could be admitted in evidence as to its contents also, but, the issue is that if the Government ...

Whether accused under Drugs Act can be acquitted on the ground that govt analyst failed to provide protocols of tests to Inspector?

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 Mr. Manohar, the learned Counsel appearing on behalf of the respondent urged that this was not a case for enhancement or even conviction,...
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...

What will be effect if notice sent by public analyst is not served upon accused in prevention of food adulteration case?

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The evidence on record goes to show that the  reports of the Public Analyst were sent on the address  of the factory premises. The envel...
Sunday, 6 September 2015

How to appreciate evidence of public analyst in food adulteration case?

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PREVENTION OF FOOD ADULTERATION ACT, 1954 - SECTION 16(1) (a) (i)-CHARGED FOR OFFENCES UNDER SECTION 16(1) (a) (i)-Public Analyst's Re...
Wednesday, 22 May 2013

Bom HC: Right to receive copy of Public Analyst's report is a valuable right vested with accused

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 Learned counsel for the respondent, on the other hand, contended that right to receive copy of Public Analyst's report is a valuab...