Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | not proved beyond reasonable doubt conviction not justified Prevention of Food Adulteration Act 10(7) and 13(2) ss. 7(1)/16(1)(a)(i) report of Public Analyst 1954 uncorroborated testimony |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Food Adulteration Act, 1954 (37 of 1954) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Food Adulteration Act, 1954: ss. 7(1)/16(1)(a)(i),10(7) and 13(2) – Notice by Food Inspector (Complainant) suspecting adulteration in the milk – Sample of milk purchased by complainant in the presence of public witness (PW3) – Sample sent to Public Analyst – Sample was found adulterated by the Public Analyst – Complaint filed before Magistrate – Report of the Public Analyst sent to the accused by registered post after 19 days of filing the complaint – During trial PW3 turned hostile – Plea of non- compliance of ss. 10(7) and 13(2) taken – The Magistrate, the appellate Court as well as High Court convicted the accused – Appeal to Supreme Court – Held: Safeguard u/s. 13(2) is a valuable right – No evidence was brought on record to indicate that the report of the Public Analyst was actually served or delivered to the appellant – Despite the delay beyond 10 days from the date of initiation of prosecution, even if despatch of the report is taken as substantial compliance, in absence of proof of delivery of the report, the right of the accused to seek reference within the period of ten days stands defeated – The provision u/s. 13(2) has to be construed strictly, as the accused is made to suffer penal consequences – Therefore, report of Public Analyst cannot be made basis for holding the accused guilty – The uncorroborated testimony of the complainant/Food Inspector (PW1) cannot be relied upon to sustain the conviction – Thus, the prosecution has not proved the guilt of the accused beyond reasonable doubt – Therefore, conviction is not justified – Prevention of Food Adulteration Rules, 1955 – r. 9B |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2019 INSC 845 |
Petitioner | Vijendra |
Respondent | State Of Uttar Pradesh |
SCR | [2019] 10 S.C.R. 790 |
Judgement Date | 2019-07-31 |
Case Number | 1167 |
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