Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | food adulteration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) 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-Section 8- Appointments of Public Analysts by notifications dated 23.6.1972 and 15.2.1975-Legality of-Report of the Public Analyst appointed for the State under earlier notification-Validity of-Whether the Public Analyst appointed for the State has jurisdiction over local area. Evidence Act, 1872-Section 3-Appreciation of evidence-Evidence of Food lnspector -Legality of-Whether needs corroboration. Constitution of India, 1950-Article 136-Appeal by special leave-Contention not raised before the lower courts whether can be raised before the Supreme Court-Sentence imposed minimum-Whether the Supreme Court can interfere. The trial Court convicted the respondent for an offence under s.7 read with s.16 of the Prevention of Food Adulteration Act, 1954 and sentenced him to undergo 6 months R.I. and to pay a fine of Rs. 1000 with usual default clause. On appeal, the Sessions Court confirmed the conviction and sentence. On revision, the High Court set aside the conviction on the ground that Public Analyst had no jurisdiction to analyse the food article. This appeal by special leave was filed against the Judgment of the High Court. The respondent-accused contended that by the notification dated February 15, 1975, the State Govt. assigned the local area to one B.S. Garg, Public Analyst; that by necessary implication one Dr. S.B. Singh ceased to have jurisdiction over that local area and thereby his report of analyst was without jurisdiction; that the prosecution based thereon and the conviction resulted pursuant thereto was without jurisdiction and a nullity; that except the Food Inspector no one was examined to corroborate his evidence ; that the Food Inspector, being interested party, his evidence needed corroboration for acceptance; and that it was not safe to act upon the interested evidence of the Food Inspector. |
Judge | Hon'ble Mr. Justice K. Ramaswamy |
Neutral Citation | 1992 INSC 95 |
Petitioner | State Of U. P. |
Respondent | Hanif |
SCR | [1992] 2 S.C.R. 371 |
Judgement Date | 1992-03-31 |
Case Number | 206 |
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