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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 Quashes Narco Analysis Order Against Accused in Bank Fraud Case — Consent Not Voluntary and Violates Article 20(3). Narco analysis without free consent amounts to testimonial compulsion under Article 20(3) of the Constitution of India.

The petitioner, Mrs. Rajeshree Aman Hemani, was an accused in Criminal Case No.19 of 2005 before the Chief Judicial Magistrate, Nagpur, arising out of...

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Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 52A and Unreliable Evidence. Conviction under Section 8(b) read with Section 15(c) of NDPS Act set aside as prosecution failed to prove contraband identity and sampling procedure.

The appellant, Mangilal, was convicted under Section 8(b) read with Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Ac...

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Bombay High Court Quashes Food Adulteration Proceedings Due to Delayed Complaint Beyond Shelf Life of Sample. Prosecution Not Maintainable as Accused's Right to Reanalysis Under Section 13(2) of Prevention of Food Adulteration Act, 1954 Was Lost.

The High Court of Judicature at Bombay, Nagpur Bench, heard a batch of criminal applications filed by various accused persons—proprietors, partners,...

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Bombay High Court Upholds Conviction for Food Adulteration Under Prevention of Food Adulteration Act, 1954 — Groundnut Oil Sample Found Adulterated. Accused's Conviction for Selling Adulterated Groundnut Oil and Carrying on Business Without License Confirmed by Appellate and Revisional Courts.

The case involves two criminal revision applications filed by Jairam Shadija, the accused, challenging the order dated 28.08.2015 passed by the learne...

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High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 and Doubtful Chain of Custody. LSD Recovery Allegation Fails as Prosecution Could Not Establish That the Seized Substance Was the Same as That Tested by the Chemical Analyser.

The appellant, Roque @ Rocky Fernandes, was convicted by the Additional Sessions Judge, North Goa, Mapusa in Special Criminal Case No.22/2015 for offe...

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Bombay High Court Dismisses State Appeal in Food Adulteration Case Due to Non-Compliance with Sampling Rules. Acquittal of Vendor for Selling Adulterated Groundnut Oil Upheld as Sample Not Representative and Rules 14 and 16 of Prevention of Food Adulteration Rules, 1955 Not Followed.

The State of Maharashtra appealed against the judgment and order of the Judicial Magistrate First Class, Bramhapuri, in Regular Criminal Case No.68 of...

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Bombay High Court Dismisses State Appeal in Drugs and Cosmetics Act Case Due to Procedural Lapses. Acquittal of partners and manufacturing chemist upheld as prosecution failed to establish manufacturing link and compliance with sampling rules.

The State of Maharashtra appealed against the acquittal of four respondents (Laxmichand Nagaji Jain, Jeetendra Nagaji Jain, Chaburao Sampatrao Nagre, ...

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Bombay High Court Quashes Proceedings Against Manufacturer in Food Adulteration Case Due to Belated Filing After Expiry of Best Before Date. Right Under Section 13(2) of Prevention of Food Adulteration Act, 1954 Frustrated as Complaint Filed 16 Months After Best Before Date.

The applicant, M/s Hindustan Coca-Cola Beverages Pvt. Ltd., a manufacturing company, filed an application under Section 482 of the Code of Criminal Pr...

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Bombay High Court Quashes Criminal Proceedings Against Sleeping Partner and Employees in Drugs Case for Lack of Specific Allegations. Vicarious Liability Cannot Be Imposed Without Showing That Accused Was In Charge of Business Under Section 34 of Drugs and Cosmetics Act, 1940.

The Bombay High Court dealt with an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Criminal Case No....