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 – s.7 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Food Adulteration Act, 1954 (37 of 1954) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Food Adulteration Act, 1954 – s.7 – Sample taken from the Ghee that was stored for the purpose of making jalebis – Allegation that the sample of Ghee did not conform to the standards of Ghee as per the Act – Conviction under ss.2(ia), (a), (c) and (m) punishable under s.16(1)(a) r.w. s.7 of the Act – Acquittal by first appellate court – High Court declined to set aside acquittal on the ground that sample of Ghee was not meant for sale but it was meant to be used merely as an ingredients in the preparation of sweets which in turn were meant for sale – On appeal, held: s.7 prohibits the storing of adulterated food notwithstanding the fact that such adulterated food is itself not offered for sale, but is used in making some food which is offered for sale – Thus, whether the adulterated food is stored for sale, or such food is stored for making some other food which is sold, such storing is an offence – Acquittal of the respondent is set aside – However, sentence is confined to the period already undergone since the accused is now about 70 years old and the proceedings commenced in 2004 and the business has closed down since. Prevention of Food Adulteration Act, 1954 – s.13 – Variance between the reports of Public Analyst and the Director, CFL – Evidentiary value of certificate from the Director – Held: The law accords greater importance to the report from the Director that it prohibits the Court from continuing with the prosecution until the receipt of the certificate from the Director – Sub-section 3 of s.13 clearly attributes a higher evidentiary value to the certificate from the Director when compared to the report given by the PA – The proviso to sub-Section 5 provides that the certificate from the Director shall be final and conclusive evidence of the facts stated therein – Thus, the report of the PA loses any significance in the proceedings as a piece of evidence. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2018 INSC 404 |
Petitioner | Delhi Administration |
Respondent | Vidya Gupta |
SCR | [2018] 4 S.C.R. 316 |
Judgement Date | 2018-04-24 |
Case Number | 625 |
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