1982 (6) TMI 252

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....he failure to supply a copy of the Report of the Public Analyst within the period of 10 days stipulated by Rule 9(j) of the Prevention of Food Adulteration Act, as it was in force at the relevant time-it may be noticed here that Rule 9(j) which was in force at the relevant time has since been omitted with effect from January 4, 1977 -was fatal to a prosecution under the Prevention of Food Adultera....

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....he provision is necessary to invalidate the act complained of. It is well to remember that quite often many rules, though couched in language which appears to be imperative, are no more than mere instructions to those entrusted with the task of discharging statutory duties for public benefit. The negligence of those to whom public duties are entrusted cannot by statutory interpretation be allowed ....

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....tion and with the object of giving sufficient time to the person from whom the sample was taken to make such arrangements as he might like to challenge the report of the Public Analyst, for example, by making a request to the Magistrate to send the other sample to the Director of the Central Food Laboratory for analysis. Where the effect of non-compliance with the rule was such as to wholly dep....