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Bombay High Court Quashes Criminal Proceedings in Food Adulteration Cases Due to Non-Compliance with Mandatory Sampling Procedures Under Food Safety and Standards Act, 2006. Failure to Follow Section 47 and Rule 2.4.2 of the Manual of Procedures Renders Prosecution Invalid.

The Bombay High Court at Aurangabad, through a common judgment, allowed three criminal writ petitions challenging the validity of criminal proceedings...

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Bombay High Court Dismisses State Appeal in Food Adulteration Case Due to Discrepancy Between Analyst Reports and Non-Compliance with Sampling Rules. Acquittal of Accused Upheld as Prosecution Failed to Prove Adulteration Beyond Reasonable Doubt Under Prevention of Food Adulteration Act, 1954.

The State of Maharashtra, through the Food Inspector, appealed against the judgment and order dated 11/10/2000 passed by the 6th Judicial Magistrate F...

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Bombay High Court Dismisses State Appeal in Food Adulteration Case Due to Procedural Lapses. Non-Compliance with Rule 50 of PFA Rules Regarding Preservative Addition and Timely Dispatch of Sample to Public Analyst Leads to Acquittal.

The State of Maharashtra appealed against the judgment and order dated 23.3.2000 passed by the Judicial Magistrate, First Class, Akola, District Ahmed...

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High Court of Karnataka Quashes Criminal Proceedings Under Insecticides Act for Lack of Sanction — Prosecution Initiated Without Mandatory Consent Under Section 31(1) of the Insecticides Act, 1968 Is Void Ab Initio.

The petitioner, B.S. Suresh Babu, proprietor of Karnataka Traders, filed multiple writ petitions under Article 226 of the Constitution of India read w...

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Bombay High Court Quashes Criminal Proceedings Against Director in Drugs and Cosmetics Act Case Due to Lack of Vicarious Liability. Non-executive director cannot be held liable under Section 34 of Drugs and Cosmetics Act, 1940 without specific averments of being in charge of business.

The applicant, Devendra Vinaykant Sheth, was original accused No. 7 in R.C.C. No. 686 of 2004 pending before the Chief Judicial Magistrate, Ahmednagar...

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Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Non-Compliance with Sampling Procedure. Failure to Add Preservative to Milk Sample Before Sending to Public Analyst Renders Prosecution Unsustainable Under Prevention of Food Adulteration Act, 1954.

The case pertains to an appeal filed by the State of Maharashtra against the acquittal of the respondent, Bhimashankar Chaturbhuj Mehta, who was the p...

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Bombay High Court Allows Quashing of Prosecution Against Manufacturer in Insecticides Act Case Due to Non-Compliance with Section 24. Mandatory Thirty-Day Period for Analyst Report Not Followed, Rendering Prosecution Invalid.

The applicant, M/s Kilpest India Limited, a company based in Bhopal, filed a criminal application under Section 482 of the Code of Criminal Procedure,...

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Bombay High Court Dismisses Petition Challenging Compensation for Defective Cotton Seeds — Procedural Lapses Not Fatal When Defect Not Disputed. Compensation Upheld but Interest Reduced from 24% to 12% Under Maharashtra Cotton Seeds Act, 2009 and Rules, 2010.

The petitioner, M/s Bayer Bio Science Private Limited, a seed manufacturing company, challenged an order dated 29 December 2011 passed by the Commissi...

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Supreme Court Quashes Criminal Proceedings Against Respondents Under Drugs and Cosmetics Act Due to Lack of Mandatory Enquiry Under Section 202 CrPC -- Misbranding Allegations Fail on Jurisdictional Grounds

The Supreme Court addressed criminal appeals arising from a complaint under the Drugs and Cosmetics Act, 1940, alleging misbranding of a vaccine by th...