wherein it was uniformly held that failure to make the
sample homogeneous strikes at the root of the prosecution case and entitles
the accused ... absorption of moisture
when packed in paper, thereby rendering the sample unsafe for dependable
analysis. While quashing the proceedings, this Court had relied upon
sale for human
consumption. After disclosing his identity, the complainant demanded a
sample of ghee for analysing the same after giving requisite notice ... memo was prepared. The sample was sent
to Food Analyst, Kharar. As per the report received, the sample was
unsafe and misleading. The designated officer
sample was sent to the Referral Food Laboratory, Ghaziabad. A report dated
20.06.2012 was received as per which the sample was found unsafe under
Section ... Standards (Food Products Standards and Food
Additive) Regulations, 2011. The sample is thus unsafe
under Section
report dated
05.07.2023 to oppose the bail. It is submitted that the samples sent to the
1 of 2
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been returned that the samples are unsafe as well as prohibited for sale.
However
sample contravenes Regulation No.2.2.2*
(10) of FSS (Packaging & Labelling) Regulations, 2011.
The sample is thus unsafe under Section ... quantity of the purchased product; sample drawn;
report received, the competence of the officer, who drew the sample and
filed the complaint are itself
report, the samples were, thus, found to be 'substandard' in
terms of Section 3(1)(zx) and unsafe food as per Section ... imported to India. After sending the samples to th
thee National Food
Laboratory, Ghaziabad on 21.10.2023, the samples were again drawn on
26.10.2023 and forwarded
seized on the spot.
Further submits that after drawing the samples, one sample from each
-3-
3 of 7
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formalities, 04 samples of each item were drawn on the spot and out of
those, 01 sample duly sealed from each item was sent
seized on the spot. He further submits that after drawing
requisite samples, one sample from each item was sent to the laboratory
for analysis ... necessary
formalities, 04 samples of each item were drawn on the spot and out of
those, 01 sample duly sealed from each item was sent
State Of Haryana vs Vinod on 2 May, 2023
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
them shall be required
to put their signatures on each sample. The official seal of the seizing
officer should also be affixed. If the person ... seal on the sample, the
same may be allowed on both the original and duplicate of each sample.
(vi) The sample in duplicate should
