Showing posts with label storing. Show all posts
Showing posts with label storing. Show all posts

Tuesday, 22 September 2015

Whether storing an adulterated article of food for purpose other than sale would constitute offence under prevention of food adulteration Act?

In "B. Govinda Rao and another v. V.N.
Ashokan" 2003 (2) FAC 123, a Single Bench of Kerala
 High Court dealt with a similar question. The learned
 Single Judge held that the expression "store" as used
 in section 7 means "storing for sale" and consequently
 storing an adulterated article of food for purpose
 other than sale would not constitute offence under
 section 16 (1) (a) of the PFA Act. The red cherries
 kept in the store were not intended for sale in the
 given case, and, hence, it was held that even though

 the same were found adulterated, yet, conviction under
 section 16 (1) (a) of the PFA Act was not possible.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO. 358 OF 1997
 The State ofMaharashtra,

VERSUS
  Shamsundar Ganeshlal Navandar,

[CORAM: V.R. KINGAONKAR, J.]

DATE OF JUDGEMENT PRONOUNCED : 4th April, 2009
Citation; 2009 ALLMR(cri) 1654
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