Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
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.