Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Food Adulteration Act Certificate of Director |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Food Adulteration Act, 1954:Sections 13 and 20(1)-A sample of toor dal was sent for analysis of Public Analyst-Public Analyst giving a report that toor dal was adulterated with Kesari dal-Prosecution started on the basis of report a Public Analyst under Section 16(1-A) read with Sections 2(i-a)(h) and 7(i) against the respondent-Later, on an application of respondent, a part of the sample was sent for the examination of Director, Central Food Laboratory, who gave a report that the toor dal was adulterated as it contained tartrazine (synthetic coal tar dye)-On report of Director, a summary trial converted into warrant case trial-Revision against the order of Magistrate allowed by the High Court on the ground that the appellant had not obtained fresh sanction under Section 20 of the Act on the strength of the new facts stated in the certificate of the Director, Central Food Laboratory-Held, fresh sanction not required-Sanction was required only at the stage of institution of the prosecution and not at post institutional stage when the certificate of the Director, Central Food Laboratory could be brought in evidence-If the amended charge includes a new offence for which previous sanction is necessary, then prosecution for such new offence cannot be started without such sanction-Under second limb of Section 216(5) Cr.P.C. also, no fresh sanction is necessary-Criminal procedure Code, 1973, Section 216(5).Sections 13(2), (2-B), (2-D), (3) and (5)-Certificate of Director, Central Food Laboratory-Prior to institution of prosecution, a report of Public Analyst can be obtained-But after the institution of case, certificate of Director, can be obtained and brought in evidence. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2000 INSC 340 |
Petitioner | Food Inspector, Ernakulam And Anr. |
Respondent | P.s. Sreenivasa Shenoy |
SCR | [2000] Supp. (1) S.C.R. 567 |
Judgement Date | 2000-07-19 |
Case Number | 545 |
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