1982 (9) TMI 245

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....ation Act. According to the prosecution the accused made a statutory sale of 450 grammes of what has been called Shahajira to the Food Inspector of Malegaon. The sample which was sent to the Public Analyser was found to contain nearly 75 per cent of extraneous matter. That at least is the report of the Public Analyst. On this basis the prosecution was launched against the accused. In support of its case the prosecution examined the Food Inspector and one of the panchas who was, according to the prosecution, a witness to the purchase of the sample and the subsequent steps to be taken before sending the sample to the Public Analyst. 2. The learned trial Magistrate found that the panch examined as P.W. 2 did not support the Food Inspector i....

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....lyst. The date of the report of the Public Analyst is 1st April 1973. Thereafter on 28th of June 1973 the complaint was filed in the Court of the learned trial Magistrate. For more than a year nothing happened and on 5th of December 1974 the report of the Public Analyst was given to the accused. Thereafter for nearly three years again nothing happened and on 18th of July 1977 summons was issued by the Court to the accused to appear before the Court on 5th of August 1977. Mr. Ganatra has pointed out that from the bald recitation of the facts above it is crystal clear that Rule 9(j) of the Prevention of Food Adulteration Rules has been contravened in he instant case and the prosecution could never hope to succeed on this ground alone. This co....

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.... which originally Rule 9(j) deal and that is in the following terms :- "The Local (Health) Authority shall immediately after the institution of prosecution forward a copy of the report of the result of analysis in Form III delivered to him under sub-rule (3) of Rule 7, by registered post or by hand, as may be appropriate, to the person from whom the sample of the article was taken by the Food Inspector, and simultaneously also to be person, if any, whose name address and other particulars have been disclosed under Section 14A of the Act : Provided that where the sample conforms to the provisions of the Act or the rules made thereunder, and no prosecution is intended under sub-section (2), or no action in intended under sub....