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Judgement |
| PREVENTION OF FOOD ADULTERATION ACT, 1954 |
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| PREVENTION OF FOOD ADULTERATION ACT, 1954 |
PFA Act — S 16 r/w 7(i), 2(1a)(a), 2(1a)(m) — CrPC — S 378 — Appeal against Acquittal — Sample of Pista ice-cream — Public Analyst Report — sample not conform to standards — Admission of complainant — Sample was first placed in a steel pot with the help of a spoon — not cleaned before use — Held, it was the duty of the complainant to ensure that these articles were cleaned and dried up before their use — the wrapper of the sample was not stated to be "folded in" in the punchnama — no proper procedure for taking sample and sending it to Public Analyst for analysis — created a doubt about the genuineness of the report of the Public Analyst. |
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| PREVENTION OF FOOD ADULTERATION ACT, 1954 |
PFA Act — S 13(2) — CrPC — S 378 — Appeal against Acquittal — Sample was taken on 15th June, 1995 and the complaint was filed on 18th December, 1995 — a perishable food article — Held, filing of the complaint was after lapse of six months which resulted in denial of the right of the respondents— violation of the mandatory right of the respondents — Fatal to prosecution. |
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