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Bombay High Court Quashes Criminal Complaint in Drugs and Cosmetics Act Case Due to Violation of Statutory Right Under Section 25(4) — Delay in Filing Complaint After Expiry of Shelf Life Deprives Accused of Right to Get Sample Tested from Central Drugs Laboratory.

The petitioners, a pharmaceutical company and its directors/employees, were accused in a criminal complaint filed by the Drug Inspector under the Drug...

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Bombay High Court Quashes FIR in Drugs and Cosmetics Act Case Due to Lack of Territorial Jurisdiction. Petitioner's Premises in Jaipur Raided by Rajasthan Authorities, FIR Registered in Aurangabad Without Sanction Under Section 155 CrPC.

The petitioner, Avadhesh Mukutbihari Sharma, a resident of Jaipur, Rajasthan, filed a Criminal Writ Petition under Articles 226 and 227 of the Constit...

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Bombay High Court Quashes Process in Drugs and Cosmetics Act Case Due to Non-Compliance with Section 18A Notice Procedure. Failure to Provide Opportunity to Explain Before Filing Complaint Renders Prosecution Invalid.

The petitioners, Parenteral Drugs (India) Ltd and others, filed writ petitions challenging the order dated 24 September 2014 passed by the Chief Judic...

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Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Procedural Lapses. Delay in Sending Sample and Non-Examination of Public Analyst Fatal to Prosecution Under Prevention of Food Adulteration Act, 1954.

The State of Maharashtra appealed against the judgment and order dated 25.4.2001 passed by the Chief Judicial Magistrate, Pune, in R.C.C. No.100 of 19...

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Bombay High Court Quashes Summons in Seeds Act Case for Non-Compliance with Mandatory Sampling Procedure. Failure to Give Notice Under Rule 7(1) of Seeds Rules, 1968 Before Drawing Sample Renders Prosecution Invalid.

The petitioners, Vishwas Pandhari Khuje, Rajendra Bhikanrao Deshmukh, and Ramdas Dnyandev Kadam, filed a Criminal Writ Petition before the Bombay High...

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High Court of Karnataka Upholds Transfer of Designated Officers Under Food Safety Act — Administrative Transfer Not a Punishment Without Stigma. Transfer Order Issued in Public Interest and Administrative Convenience Does Not Require Prior Hearing Under Article 311(2) of Constitution of India.

The petitioners, eleven Designated Officers under the Food Safety and Standards Act, 2006, challenged their transfer orders dated 15.12.2014 before th...

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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.

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...

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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.

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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Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Lack of Evidence on Public Analyst's Examination. State fails to prove that Public Analyst personally analysed the sample, a mandatory requirement under Prevention of Food Adulteration Act, 1954.

The State of Maharashtra, through Food Inspector Rajendra Shankar Bhatkar, filed an appeal against the acquittal of Vilas Ramchandra Aundhkar, the pro...