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1 - 10 of 13 (0.27 seconds)Section 16 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Section 7 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Municipal Corporation Of Delhi vs Ghisa Ram on 23 November, 1966
The Hon'ble
Court also took a note of the ruling in Municipal Corporation of
Delhi v. Ghisa Ram [AIR 1967 SC 970] wherein it was observed
that the right has been given to the vendor for his satisfaction and
proper defence, to get the sample analysed by a "greater expert
whose certificate is to be accepted by court as conclusive
evidence". What is important to be noted is, that no such finality
and conclusiveness has been attached to the report of PA and it
has been only attached to the report of CFL.
State Of Gujarat vs Bhagubhai Ramjibhai on 14 July, 1982
The view taken by the High Court of
Gujrat in State vs Bhagubhai Ramjibai 1982 (II) FAC 314:
The Administrator Of The City Of Nagpur vs Laxman And Anr. on 18 February, 1985
19. The defence has further relied upon the judgment of Hon'ble
Supreme Court of India in Administrator of City of Nagpur vs
Laxman and another Criminal Appeal No 132/2016 decided on
04.05.1986 wherein it was decided that "This appeal against
acquittal arises under Prevention of Food Adulteration Act. The
whole question is whether the sample of cow milk is adulterated
so as to attract the penal provision of the Act. Learned Magistrate
who acquitted the respondent who was a small milk vendor noted
that the fat percentage is 6% as against 3.5% which is more than
the standard prescribed for cow milk. The only shortfall was that
S.N.F. was 7.3% where it ought to have been 8.5%. Further, it
noted that the total solids are 13.37 which is again more than the
satisfying standard of cow milk. Under these circumstances, we
cannot say that Courts below have erred in acquitting them giving
the benefit of doubt to the respondents. The appeal is, therefore,
dismissed. However, other questions of law which have been
debated by the courts below do not really matter. Therefore, we do
not propose to examine the same. "
Section 20 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Section 13 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Calcutta Municipal Corporation vs Pawan K. Saraf And Anr on 13 January, 1999
In Calcutta Municipal Corporation v. Pawan Kumar Saraf [AIR
1999 SC 738], it has been authoritatively laid down that the legal
impact of a certificate of the Director of CFL is three fold: (a) it
annuls or replaces the report of the PA, (b) it gains finality
regarding the quality and standard of the food article involved in
the case and (c) it becomes irrefutable so far as the facts stated
therein are concerned.