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Supreme Court

Supreme Court Acquits Accused in Prevention of Food Adulteration Act Case Due to Insufficient Evidence and Procedural Lapses. Conviction Overturned as Public Analyst Report Lacked Required Terms Under Section 2(1a)(f) and No Evidence Proved Offence Under Section 16(1), with Benefit of Doubt Applied Due to Delay and Tampering Concerns.

30 Jul 2020

The appeal arose from a conviction by the High Court of Punjab and Haryana for offences under the Prevention of Food Adulteration Act, 1954. The appel...

High Court

Bombay High Court Quashes Criminal Proceedings Against Company Officials in Insecticide Act Case Due to Non-Joinder of Manufacturing Company and Expiry of Sample Shelf Life. The court held that without the company being arraigned as an accused, vicarious liability cannot be imposed on its officers, and the expiry of the sample's shelf life deprived the accused of their statutory right to get the sample tested from a third laboratory under Section 24(3) of the Insecticides Act, 1968.

22 Jan 2018

The petitioners, accused Nos. 2 and 3 in R.C.C. No. 479/2015 pending before the Chief Judicial Magistrate, Parbhani, filed a criminal writ petition un...

High Court

High Court Quashes Criminal Proceedings in Seeds Act Case Due to Non-Compliance with Mandatory Sampling Procedure. Failure to Follow Section 14(2) of Seeds Act, 1966 Renders Prosecution Invalid.

3 Nov 2017

The applicants, Ajeet Seeds Ltd., M/s Bhushan Agro Agencies, and M/s Bharatkumar Purushottam Potdar, filed a criminal application under Section 482 of...

High Court

Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Non-Compliance with Sampling Procedure. Failure to Follow Rule 14 of Prevention of Food Adulteration Rules, 1955 Regarding Sampling of Ice Candy Renders Prosecution Unsustainable.

8 May 2017

The State of Maharashtra appealed against the judgment of the Judicial Magistrate First Class, Dahiwadi, acquitting Bharat Anant Shinde of offences un...

High Court

Bombay High Court Dismisses State Appeal in Food Adulteration Case Due to Procedural Lapses. Non-Compliance with Rule 14 of Prevention of Food Adulteration Rules, 1955 Regarding Proper Mixing and Division of Sample Leads to Acquittal of Vendor and Proprietor.

26 Aug 2015

The State of Maharashtra appealed against the judgment and order dated 30th April 2001 passed by the Chief Judicial Magistrate, Solapur in Regular Cri...

High Court

Bombay High Court Quashes Criminal Case Against Seed Company for Delay in Prosecution After Expiry of Seed Shelf Life — Right to Get Sample Tested from Central Seed Laboratory Under Section 16(3) of Seeds Act, 1966 Violated. The court held that the valuable right of the accused under Section 16(3) of the Seeds Act, 1966 to have the sample tested by the Central Seed Laboratory was infringed because the prosecution was filed after the expiry of the shelf life of the seeds, and such infringement vitiates the prosecution.

16 Jan 2015

The applicants, including the Managing Director of Mahyco Seeds Limited (now Maharashtra Hybrid Seed Company Limited), the company itself, and a propr...

High Court

Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Procedural Lapses. State Appeal Dismissed as Prosecution Failed to Prove Adulteration Beyond Reasonable Doubt Under Section 16 of Prevention of Food Adulteration Act, 1954.

27 Aug 2014

The State of Maharashtra, through the Food Inspector, filed an appeal against the acquittal of Jayram Atmaram Shadija, proprietor of M/s Durga Laghu U...

High Court

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.

25 Aug 2014

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....

High Court

Bombay High Court Dismisses Petitions Challenging Condonation of Delay in Food Adulteration Complaints — Delay Caused by Referral to Second Analyst Held Reasonable. The court upheld the Magistrate's order condoning delay under Section 468 CrPC, finding that the time taken for second analysis under Section 13(2) of the Prevention of Food Adulteration Act, 1954 constituted a reasonable cause.

14 Jun 2013

The petitioner, Sakhahari Vyankatrao Borlepawar, a vendor and partner of M/s Pravin Agencies, filed four criminal writ petitions challenging a common ...

High Court

Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Non-Service of Analyst Report. Failure to Serve Copy of Public Analyst Report on Accused Violates Section 13(2) of Prevention of Food Adulteration Act, 1954, Resulting in Denial of Right to Request Re-analysis.

1 Aug 2012

The case involves an appeal by the State of Maharashtra against the acquittal of the respondent-accused, Atul Taksande, proprietor of M/s Atul Provisi...

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