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1 - 9 of 9 (0.35 seconds)Section 16 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Tulsi Ram vs State Of U. P on 27 September, 1962
In Tulsi Ram v. State of :
Municipal Corporation Of Delhi vs Ram Kishan Rohtagi And Others on 1 December, 1982
7. The decision of this Court in Municipal Corporation of Delhi v. Chisa
Ram : 1967CriLJ939 was based on the fact that the sample had, in fact, been
sent to the Director who returned the same saying that the sample had
become highly decomposed and could not be analysed; as the Food Inspector
had not taken the precaution of adding the preservatory.
Babu Lal Hargovindas vs State Of Gujarat on 18 March, 1971
This decision was
distinguished in Babulal Hargovinddas (supra).
Section 13 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Section 14 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Ahmed Dadabhai Advani vs State Of Maharashtra on 18 March, 1991
8. Thus, it is settled law that the appellant has a right under Section
13(2) to avail of sending the sample in the custody of the Court for
analysis by the Central Food Laboratory after the prosecution was laid or
immediately after notice was received by him in the case, by making an
application to the Court. The duty of the prosecution to send the report is
governed by Rule 9A of the Rules. After January 4, 1977, the word
'immediately' was used replacing the words "within ten days" in this Rule.
The decision of this Court in Ahmed Dadabhai Advani v. State of Maharashtra
: 1991CriLJ1418 relied on by the appellant does not help him. Therein, the
report was stated to have been dispatched on June 13, 1974. But, in fact it
was despatched on July 11, 1979. The report was of September 1, 1978. The
Magistrate on the basis of those facts held that it must have been received
in due course and there was delay in launching prosecution. Since the
acquittal ordered by the Magistrate was interferred with by the High Court,
this Court stated that the High Court was not justified in interferring
with the same. The fact of non-availing of the remedy under Section 13(2)
had not been considered by this Court.
Ajit Prasad Ramkishan Singh vs The State Of Maharashtra on 2 May, 1972
Therefore, it was no longer open to him to contend that he had no
opportunity to send the sample in his custody to the Director, Central Food
Laboratory under Section 13(2), since he did not make any application to
the Court for sending it. This view was followed in Ajit Prasad Ramkishan
Singh v. State of Maharashtra : 1972CriLJ1026 .
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