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 1954 : Section 13(3) and ( 5 }-Proviso. |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Prevention of Food Adulteration Act, 1954 (37 of 1954) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Prevention of Food Adulteration Act, 1954 : Section 13(3) and ( 5 } - Proviso. Prevention of Food Adulteration Rules 1955: Rule 4 - Forms 1 and 2 Appendix B - Item A.04: Food adulteration - Contradictions in reports of Public Analyst and Central Food Laboratory - Effect of -Compounded asafoetida - Adulteration of-Report of public analyst stating that sample does not conform to prescribed standards hence adulterated - On the other hand report of Central Food Laboratory stating that sample conforms to standards - However, report of Central Food laboratory silent on three components of compounded asafoetida - Report also not sent in prescribed form - Effect of contradictions in reports on prosecution of accused. Per Thomas and Quadri, JJ. If the certificate issued by the Director of Central Food laboratory did not contain anything about three elements it only means that the sample did not contain even a wee bit of those elements. Once the Certificate of the Director of Central Food Laboratory reaches the court the Report of the Public Analyst stands displaced and what may remain is only a fossil of it. Legal impact of a certificate of the Director of Central Food Laboratory is three-fold, it annuls or replaces the report of the Public Analyst, it gains finality regarding the quality and standard of the food article involved in the case and it becomes irrefutable so far as the facts stated therein are concerned. If a State declares a fact final then no party can give evidence to disprove it - This is import of Section 4 of the Evidence Act. PER WADHWA, J. (DISSENTING) (Without expressing Final opinion on merits) No opinion need be expressed on the statement of law that "if the certificate issued by the Director of Central Food Laboratory did not contain anything about those three elements it only means that the sample did not contain even a wee bit of those elements when analysis was made in the laboratory". In this case report of Central Food Authority was not only silent in respect of three elements but also was not sent in the prescribed form - In such a situation the question Whether It Would supersede the report of public analyst should not be decided by this Court ex parte of its own without notice to the parties and without hearing the matter in depth. Constitution of India, 1950 : Article 136. Supreme Court Rules, 1966: Order XVI-Rule 10. Special leave petition - Delay - Condonation of - Delay of 309 day - Sufficient cause not shown for delay - Petition dismissed on the ground of delay - When petition is dismissed on the ground of delay Court should not go into merits. |
Judge | Hon'ble Mr. Justice D.P. Wadhwa |
Neutral Citation | 1999 INSC 9 |
Petitioner | Calcutta Municipal Corporation |
Respondent | Pawan K. Saraf And Anr. |
SCR | [1999] 1 S.C.R. 74 |
Judgement Date | 1999-01-13 |
Case Number | 3708 |
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