FOOD ADULTERATION ACT -The complaint was filed under Section 2(ia)(h) of the Act read with Rule 44AAA of the Prevention of Food Adulteration Rules, 1955 (for short, the Rules). The sample of black pepper was collected for analysis purpose by paying its cost as per Section 10(3) of the Act from a Hotel - the black pepper in its form is primary food, the collection of sample of which is prohibited by the proviso to subsection (2) of Section 10 of the Act.---2015 A.P.(12/2014) MSK LAW REPORTS 15

The complaint was filed under Section 2(ia)(h) of the Act read with Rule 44AAA of the Prevention of Food Adulteration Rules, 1955 (for short, the Rules). The sample of black pepper was collected for analysis purpose by paying its cost as per Section 10(3) of the Act, but the remaining stock was not seized.-Public Analyst, who submitted his report on 07.10.2004 opining that the sample contained the mineral oil which is injurious to health, and it was, therefore, adulterated. -In the instant case there is no allegation that the black pepper is used for the sale of an article of food manufactured therefrom without a licence or it is prohibited by the food authority or the food stored is in contravention of any other provisions of the Act or the Rules made thereunder. If the black pepper is used in the preparation of food items meant for prospective customers and that food item is prohibited or stored without licence then only the prohibition contained in Section 7 of the Act is applicable. In any event, it is not the case of the respondent that Section 7 of the Act is violated.-the black pepper in its form is primary food, the collection of sample of which is prohibited by the proviso to subsection (2) of Section 10 of the Act. Apart from that, a reading of the provisions of the Act discloses that the Act is intended for prevention of sale of adulterated food, but no offence can be launched against the purchaser, who purchased such article of food.-In view of the above, the Writ Petition is liable to be allowed, and the same is, accordingly, allowed quashing the proceedings -2015 A.P.(12/2014) MSK LAW REPORTS 15

Popular posts from this blog

Court fee - Sec.34 of A.P.C.F & S.V.Act - partition of Plaints-A and B-Schedule properties, in the manner pleaded by her, and for grant of future profits. Plaint-A Schedule comprised of, four items of immovable properties, and Plaint-B Schedule comprised of, nine items of jewellery. Pleading that the parties are in joint possession of the said properties, the petitioner paid Court-fee of Rs. 200/- under Sub-section (2) of Section 34 of the A.P. Court Fees and Suits Valuation Act, 1956 (for short 'the Act'). The trial Court returned the plaint, through its order dated 23-6-2006, directing the petitioner herein, to pay Court fee on movable properties, on her shares, as per the Act, within the time stipulated by it.= In the instant case, the petitioner asserted that, herself and the respondents are in joint possession of the Plaints-A and B-Schedule properties. In a way, the trial Court was satisfied, that the immovable properties mentioned in Plaint-A schedule are in joint possession, and in that view of the matter, it did not insist on payment of ad-valorem Court-fee, on such items. It, however, took a different view, as regards the movable properties. Neither from the plaint, nor from the endorsement made by the trial Court, it is found that there is any distinction, as to the nature of rights claimed, in respect of Plaint-A Schedule properties, on the one hand, and Plaint-B schedule properties, on the other hand. In fact, the nature and incidence of possession, of an immovable property, gives rise to, relatively greater consequences of law, than the possession of an item of movable property. The possession of an item of immovable property can be said to be more assertive, firm and lasting, than the one, of movable property. The endorsement made by the trial Court cannot be sustained, either on law, or on facts. 2015 A.P.(2006)MSKLAWREPORTS

Order 38 Rule 5, only the properties of the defendant can be attached and not the properties in the hands of garnishee has no statutory support nor the support of any precedent.-2015 A.P.(2004) MSKLAWREPORTS

Sec.482 Cr.P.C. - Section 8 of the Andhra Pradesh Public Examination (Prevention of Malpractice and Unfair Means) Act, 1997 - Part B question Paper was missed ( said to be distributed to A1 along with other students by A2 an invigilator ) - Charge - she was negligent in performing the invigilation duties. - Their Lordships held that Mere negligence in performing invigilation duties, does not attract the offence set-forth in the Act. Therefore, in absence of any allegation that the petitioner herein has committed the offence set out in Section 5 of the Act, she cannot be subjected to prosecution for which the penalty has been provided under Section 8 of the Act.- Quashed the criminal proceedings - 2015 Telganga & A.P. msklawreports