sample was analyzed by Food Analyst, who gave his Report No.
FSS/318/2019 dated 20.03.2019 wherein he stated "The sample is unsafe
because ... sample of food article Ghee was taken on 07.03.2019. The Food Analyst
vide his Report dated 20.03.2019 had reported that the sample is unsafe
because
Analyst, in its report dated 19th August, 2014, opined that
the sample was unsafe, being insect-infested and fungus-contaminated, and
sub-standard owing ... which, vide report dated 17th October, 2013, also
concluded that the sample was unsafe and sub-standard within the meaning
of Sections
analysis. Upon analysis, the Public Analyst
opined that the said sample was unsafe. Hence, the accused
3
are alleged to have committed the aforesaid offence ... contended that the Public
Analyst report is very clear that the sample is unsafe and that it
is not a fit case to quash
prima facie sample described in both reports is distinct.
However, both reports denote that both samples were unsafe under
the provisions of the FSSI ... sample. Even
11 of 18
(12) 922criwp236.25.odt
assuming that both samples were sent differently. However, both
samples report indicates that both were unsafe
judis
W.P.No.33876 of 2024
manufacturer of unsafe food seized on 27.07.2024 to take action to seize the
shop and to proceed criminal ... analysis they found that 4 samples were reported
unsafe. As per the rules, the 4 unsafe samples have been sent to the retailers and
manufacturers
Analyst analysed
the sample and opined vide his report No FSS/856/2019 dated
24.06.19 that 'The sample is unsafe because it is coloured ... sample then they do not focus on the presence of natural colour
because if the sample contains non-permitted synthetic colour
then sample is unsafe
only when report of the Food Analyst is received
declaring the sample as unsafe or sub-standard that
commission of offence takes place ... report of the Food Analyst indicating that the
sample of the food is unsafe or sub-standard. In my
aforesaid view, I am supported
according to which, the samples which were taken were not fit for human consumption hence the sample is unsafe and thereafter according to the learned
formalities, sent the sample to the laboratory;
that on 18.12.2020, the Food Analyst sent a report opining that the sample
was unsafe under Section ... sent to the second accused giving him an option to send the
samples to the Central Laboratory in case he disputes the report
packet was sent for analysis; that the analyst
found the sample to be 'unsafe' under Section 3(1) of the Act; and that ... sample was sent for analysis
on 30.01.2018 and the analyst sent his report stating that the sample is
unsafe on 09.03.2018. The Commissioner of Food
