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🔎 Case Laws - Adv. Search
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        Case ID :

        1999 (1) TMI 539 - SC - Indian Laws

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        Central Food Laboratory certificate supersedes the Public Analyst's report and remains conclusive even if some tests are not expressly mentioned. Section 13 of the Prevention of Food Adulteration Act, 1954 gives the accused a right to have the sample analysed by the Central Food Laboratory. The ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Central Food Laboratory certificate supersedes the Public Analyst's report and remains conclusive even if some tests are not expressly mentioned.

                            Section 13 of the Prevention of Food Adulteration Act, 1954 gives the accused a right to have the sample analysed by the Central Food Laboratory. The Director's certificate under Section 13(2-B) supersedes the Public Analyst's report and, under the proviso to Section 13(5), is final and conclusive evidence of the facts stated in it. Once that certificate is on record, the Public Analyst's report stands displaced. An omission to mention particular tests in the certificate does not invalidate it; the omission is treated as indicating absence of the relevant ingredient, not as defeating its evidentiary value.




                            Issues: Whether the certificate of the Director of the Central Food Laboratory supersedes the report of the Public Analyst and, if the certificate does not expressly mention some tests, it can still be acted upon as conclusive evidence of the quality and standard of the food article.

                            Analysis: The statutory scheme under Section 13 of the Prevention of Food Adulteration Act, 1954 gives the accused a right to have the sample analysed by the Central Food Laboratory. The certificate issued by the Director under Section 13(2-B) supersedes the report of the Public Analyst under Section 13(3), and the certificate is final and conclusive evidence of the facts stated in it under the proviso to Section 13(5). Once the Central Food Laboratory certificate is on record, the Public Analyst's report stands displaced. If the certificate omits express reference to certain tests, the omission is treated as indicating that the sample did not contain the relevant ingredients, not as rendering the certificate ineffective. The certificate must therefore be given full evidentiary effect in determining whether the sample conformed to the prescribed standard.

                            Conclusion: The certificate of the Director of the Central Food Laboratory was valid and conclusive, and the prosecution was rightly quashed.


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