This judgment summarizes a case in which the State of Maharashtra appealed an order acquitting a shopkeeper accused of selling adulterated cinnamon. The appellate court analyzed the evidence presented at trial, including testimony from food inspectors who purchased a sample from the shopkeeper and had it tested. The court found that the trial court erred in acquitting the shopkeeper and overturned the acquittal based on the evidence that the sample sold as cinnamon was found to contain no cinnamon.
The appellant, a defense lawyer for Dato' Seri Anwar Ibrahim, filed a motion to disqualify two prosecutors based on supporting documents. The High Court judge held the motion was baseless and proposed holding the appellant in contempt of court. In a summary hearing, the appellant was found guilty and sentenced to 3 months imprisonment. The Federal Court allowed the appeal, finding that: (1) the appellant was justified in filing the motion, so there was no abuse of court process; (2) the contempt charge was not proven beyond a reasonable doubt; and (3) the appellant should have been granted an adjournment to fully prepare his defense, as denying this deprived him of a fair hearing.
The document provides an overview of the Indian Evidence Act of 1872. Some key points:
- The Act governs the admissibility of evidence in Indian courts and was passed during British rule based on recommendations to standardize evidence rules.
- It divides evidence into oral, documentary, and material forms and covers the relevance of evidence in criminal trials. Relevant evidence must be related to the facts in issue in a case.
- The Act has been amended over time but its original framework remains. It establishes rules for evaluating different types of evidence and determining what evidence is admissible in court.
This document discusses key aspects of dealing with evidence in court cases under Malaysian law. It covers determining the nature of evidence as oral or documentary, assessing a client's evidence, and exceptions to the hearsay rule that allow statements from unavailable witnesses to be used. The main legislation governing evidence in Malaysia is the Evidence Act 1950, and common law principles can provide guidance where the Act is silent.
1. A witness who is inconsistent in giving evidence, especially if the inconsistencies are material contradictions, cannot generally be regarded as a credible witness. However, not all inconsistencies necessarily undermine credibility.
2. For a witness to refresh their memory by referring to notes, certain conditions must be met under Section 159 of the Evidence Act. The writing must have been made by the witness at the time of the event or soon after.
3. Even if the conditions for refreshing memory are satisfied, the opposing party still has the right to inspect the document and cross-examine the witness on it. Referring to a document alone does not necessarily make the witness credible; it depends on whether the statutory safeguards are
Legal Burden of Accused in Criminal CasesASMAH CHE WAN
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Relevancy of evidence under Section 5 of Evidence Act1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
The appellant, a defense lawyer for Dato' Seri Anwar Ibrahim, filed a motion to disqualify two prosecutors based on supporting documents. The High Court judge held the motion was baseless and proposed holding the appellant in contempt of court. In a summary hearing, the appellant was found guilty and sentenced to 3 months imprisonment. The Federal Court allowed the appeal, finding that: (1) the appellant was justified in filing the motion, so there was no abuse of court process; (2) the contempt charge was not proven beyond a reasonable doubt; and (3) the appellant should have been granted an adjournment to fully prepare his defense, as denying this deprived him of a fair hearing.
The document provides an overview of the Indian Evidence Act of 1872. Some key points:
- The Act governs the admissibility of evidence in Indian courts and was passed during British rule based on recommendations to standardize evidence rules.
- It divides evidence into oral, documentary, and material forms and covers the relevance of evidence in criminal trials. Relevant evidence must be related to the facts in issue in a case.
- The Act has been amended over time but its original framework remains. It establishes rules for evaluating different types of evidence and determining what evidence is admissible in court.
This document discusses key aspects of dealing with evidence in court cases under Malaysian law. It covers determining the nature of evidence as oral or documentary, assessing a client's evidence, and exceptions to the hearsay rule that allow statements from unavailable witnesses to be used. The main legislation governing evidence in Malaysia is the Evidence Act 1950, and common law principles can provide guidance where the Act is silent.
1. A witness who is inconsistent in giving evidence, especially if the inconsistencies are material contradictions, cannot generally be regarded as a credible witness. However, not all inconsistencies necessarily undermine credibility.
2. For a witness to refresh their memory by referring to notes, certain conditions must be met under Section 159 of the Evidence Act. The writing must have been made by the witness at the time of the event or soon after.
3. Even if the conditions for refreshing memory are satisfied, the opposing party still has the right to inspect the document and cross-examine the witness on it. Referring to a document alone does not necessarily make the witness credible; it depends on whether the statutory safeguards are
Legal Burden of Accused in Criminal CasesASMAH CHE WAN
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Relevancy of evidence under Section 5 of Evidence Act1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Presumption means accepting something as true until it is proven otherwise. There are two types of presumptions: rebuttable and irrebuttable. Rebuttable presumptions can be challenged with evidence, such as the presumption of innocence in criminal cases. Irrebuttable presumptions, also called conclusive presumptions, cannot be challenged with any additional evidence, such as the presumption that a child under 7 does not have the mental capacity to commit a crime. The Evidence Act of 1872 provides guidance on how courts should treat facts that are presumed, whether the presumption can be challenged or is conclusive.
This document discusses hearsay evidence under the topic of law of evidence. It begins by defining hearsay evidence as a statement made out of court that is offered in court to prove the truth of what was stated. Direct evidence is testimony based on a witness's own knowledge or observation, whereas hearsay is indirect evidence of a statement made by someone other than the witness. The document goes on to provide examples of hearsay in oral, written, and non-verbal forms, and discusses exceptions to the hearsay rule. It also outlines rationales for excluding hearsay, such as it not being given under oath or subject to cross-examination.
The document discusses the concept of burden of proof in legal cases. It distinguishes between two types of burden:
1) Persuasive/legal burden, which remains with the party asserting a claim. For criminal cases this means the prosecution must prove guilt beyond reasonable doubt.
2) Evidential/evidentiary burden, which can shift between the parties as evidence is presented. The party with the evidential burden must introduce evidence or risk losing the case. Malaysian law also discusses when the burden of proof lies, how it can be discharged, and exceptions.
ADMISSIBILITY OF BAD CHARACTER LAW IN UNITED KINGDOMASMAH CHE WAN
It is a study about bad character law in UK, the history, development and current position.
at first the bad character is not admissible, but how by time it becomes admissible.
This document discusses the law of evidence in Malaysia. It defines evidence according to various legal scholars and outlines the key principles and structure of evidence law. The law of evidence determines how facts may be proved in court, what facts need not be proved, and the means by which the court can be informed of issues in dispute. Evidence law is divided into substantive and procedural aspects, with the latter governing pleading, procedure and proof in court.
This document summarizes key sections of the Malaysian Evidence Act 1950 regarding the admissibility of evidence in court. It discusses:
Section 10, which makes the acts and statements of co-conspirators admissible against all conspirators under certain conditions.
Section 12, which makes any fact relevant that would enable the court to determine the appropriate amount of damages.
Section 13, which makes transactions and instances relevant when establishing the existence of a right or custom.
Mobile marketing remains largely untapped potential. While most marketers understand mobile opportunities, few have launched mobile-friendly websites or apps. To succeed, marketers must understand mobile user behavior on their sites, such as which devices are used and how users interact. Having this insight allows optimization of page design, navigation and more. Marketers also need to integrate mobile marketing into their overall marketing mix, including social media, to engage customers on all channels. However, security concerns currently limit mobile payments and transactions. As these issues are addressed, mobile will continue growing in importance.
The document provides guidelines for state drug regulatory authorities in India to take uniform action on drug samples found to be spurious, adulterated, or not of standard quality. It outlines 3 categories of quality failures and recommends legal or administrative actions accordingly. For spurious or grossly substandard drugs, prosecution is recommended. Minor defects may be addressed administratively through license actions or compounding. It aims to strengthen drug quality monitoring while avoiding harassment of compliant manufacturers.
Creativity is a mental process that involves generating new ideas through making connections between existing concepts from memory. It is fueled by both conscious and unconscious insights. True creativity comes from a lifetime of seeking answers and making observations, not from structured brainstorming sessions. Creatives are able to recall insights and memories at the right time to inspire new ideas. To be creative, one needs to be curious and do most of their thinking outside of structured work environments where inspiration can be found.
The document discusses the Barracuda Link Balancer, which aggregates multiple internet links to provide increased bandwidth and reliability over a single connection. It load balances traffic across various types of connections like DSL and cable to optimize usage and failover if one link goes down. This improves performance and ensures continuous internet access while lowering costs compared to using just one leased line.
Draft State Right to Water Bill 2015 Ver 4.0Anupam Saraph
The result of more than 5 years of efforts of river activists across India and Policy-makers of various State and National Water Policies, under the leadership of Raincatcher and Waterman, Magsaysay Award winner Dr. Rajendrasingh, here is a draft Right to Water Bill for States.
This ‘Right to Water Act 2015’ empowers the citizens and the local-bodies a right, and not a privilege, to discharge their responsibility of protection, conservation and restoration of all water bodies for enabling the right to equitable access and abundant quantity of quality water responsibly abstracted from the water cycle for wholesome sustenance and dignity of citizens and all life forms.
Which State's will see it prudent to deliver this legal framework to its citizens this year?
The document discusses designing an information system to act as a "nervous system" for cities to help them better respond to changes. It notes that without such a system, cities behave in fragmented, schizophrenic, and non-collaborative ways. It proposes that an integrated, simplified, mission-focused, open, and inclusive information system, enabled by IT, could help cities respond to issues, service requests, disasters, and development needs, similar to how a nervous system helps organisms. The document outlines developing a vision, roadmap, and catalyzing the roll-out of such an urban "nervous system" from 2011-2020.
Alternative scenarios for goa over the next 100 yearsAnupam Saraph
The document discusses scenarios for Goa over the next 100 years. It argues that developing scenarios is important to envision possible futures and avoid being passive about what may happen. Scenarios are not predictions, but rather alternative possibilities that can be shaped by choices. They allow communities to explore different outcomes and align actions to work toward preferable futures. The document advocates using scenarios to spur public discourse and build shared understanding to help guide a community towards its goals and visions.
The document summarizes a court case in India regarding an appeal against the acquittal of respondents charged under the Prevention of Food Adulteration Act for selling atta (wheat flour) found to contain living and dead insects. The trial court had convicted the respondents, but the additional sessions judge acquitted them, noting that the atta met standards under the act. The state appealed, arguing the judge did not properly consider evidence. The court discussed principles for appeals against acquittal, noting appellate courts have full power to review evidence and reach their own conclusions. It dismissed the appeal, finding no grounds to reverse the acquittal.
1. The complainant, a government food inspector, inspected a dhaba and found approximately 10kg of adulterated curd being sold to customers.
2. Samples of 600g were purchased and tested, with the public analyst report finding the curd to contain 7.3% milk-solid-not-fat against the minimum standard of 9%.
3. The dhaba manager is being charged under the Prevention of Food Adulteration Act for selling adulterated food intended for human consumption without a valid license.
The applicant, Dr. Satish, who is a qualified medical practitioner with no prior criminal record, applied for bail in a case where he has been charged with offenses related to a shortage of medical oxygen at a hospital where he was head of the anesthesia department. The court analyzed documents and statements from the investigation and found that the applicant was not involved in procuring, billing or payments for the medical oxygen supplies. Considering this and that the applicant has already spent 7 months in custody, the court granted bail to the applicant with conditions to ensure his presence at trial.
Jethmal Himmatmal Jain And Others Vs State Of Maharashtra On 12 March, 1981 (1)msdhillon72
This document summarizes a court order regarding a petition filed to quash criminal proceedings against employees of a chemist shop. The key details are:
1. Police raided the chemist shop in 1974 and seized misbranded and substandard drugs. A complaint was filed in 1977, more than 3 years later.
2. The petitioners argued the court had no jurisdiction to take cognizance due to the delay without first condoning it. However, the court did not explicitly condone the delay.
3. The court order examines the relevant code sections on limitation of periods. It holds that condoning delay is a prerequisite for cognizance. As the court did not record condon
This document is a complaint filed by Manjinder Singh Dhillon, a government food inspector, against Kuldeep Singh for adulterating milk in violation of the Prevention of Food Adulteration Act. Mr. Dhillon intercepted Mr. Singh carrying approximately 150kg of cow milk to sell without a valid license. Samples were taken and tested, with the public analyst finding the milk to contain lower than minimum prescribed levels of fat and solids, indicating adulteration. The complaint requests that action be taken against Mr. Singh under the relevant sections of the Act.
The document summarizes a court case in India. Three juveniles, Ankit, Mohan, and Deepak, were convicted of sexually assaulting an 8-year-old boy. They were found guilty under Section 377 of the Indian Penal Code and Section 10 of the Protection of Children from Sexual Offences Act. Their defense argued the medical evidence did not support penetration and the conviction should be overturned. The court reviewed the medical evidence and victim's testimony but ultimately upheld the conviction, finding the prosecution had sufficiently proven its case against the juveniles.
1. Manjinder Singh Dhillon, a government food inspector, inspected the premises of Davinder Singh who was selling cow's milk without a valid license.
2. Dhillon took three samples of the milk totaling 1500ml which were sealed and labeled. One sample was sent to the public analyst in Chandigarh.
3. The public analyst's report found the milk samples to be adulterated with lower than minimum prescribed levels of milk fat and solids. Dhillon is filing a complaint against Davinder Singh for selling adulterated milk without a license.
Rajivgandhi v. The State- Madras hc SCC.pdfsabrangsabrang
1) The appellant was convicted by the trial court for offenses under the POCSO Act and Section 363 IPC for kidnapping and sexually assaulting a 16-year-old girl.
2) The High Court upheld the conviction under the POCSO Act but acquitted the appellant of the kidnapping charge under Section 363 IPC, finding that the victim had gone voluntarily with the appellant.
3) However, the Court confirmed the conviction under the POCSO Act, noting that the victim's testimony clearly described penetrative sexual assault and the medical evidence supported this, while the appellant failed to dislodge the presumption of guilt under the Act.
This document is a complaint filed in court by Manjinder Singh Dhillon, a government food inspector, against Teja Singh, a milk vendor. The complaint alleges that on March 20, 2008, Dhillon intercepted Teja Singh selling adulterated cow milk without a valid license. Samples were taken and found to contain lower than the minimum prescribed levels of milk fat and solids. The complaint requests that Teja Singh be prosecuted under the Prevention of Food Adulteration Act for illegally selling adulterated milk without a license. Witnesses and documents supporting the allegations are listed in annexures to the complaint.
Presumption means accepting something as true until it is proven otherwise. There are two types of presumptions: rebuttable and irrebuttable. Rebuttable presumptions can be challenged with evidence, such as the presumption of innocence in criminal cases. Irrebuttable presumptions, also called conclusive presumptions, cannot be challenged with any additional evidence, such as the presumption that a child under 7 does not have the mental capacity to commit a crime. The Evidence Act of 1872 provides guidance on how courts should treat facts that are presumed, whether the presumption can be challenged or is conclusive.
This document discusses hearsay evidence under the topic of law of evidence. It begins by defining hearsay evidence as a statement made out of court that is offered in court to prove the truth of what was stated. Direct evidence is testimony based on a witness's own knowledge or observation, whereas hearsay is indirect evidence of a statement made by someone other than the witness. The document goes on to provide examples of hearsay in oral, written, and non-verbal forms, and discusses exceptions to the hearsay rule. It also outlines rationales for excluding hearsay, such as it not being given under oath or subject to cross-examination.
The document discusses the concept of burden of proof in legal cases. It distinguishes between two types of burden:
1) Persuasive/legal burden, which remains with the party asserting a claim. For criminal cases this means the prosecution must prove guilt beyond reasonable doubt.
2) Evidential/evidentiary burden, which can shift between the parties as evidence is presented. The party with the evidential burden must introduce evidence or risk losing the case. Malaysian law also discusses when the burden of proof lies, how it can be discharged, and exceptions.
ADMISSIBILITY OF BAD CHARACTER LAW IN UNITED KINGDOMASMAH CHE WAN
It is a study about bad character law in UK, the history, development and current position.
at first the bad character is not admissible, but how by time it becomes admissible.
This document discusses the law of evidence in Malaysia. It defines evidence according to various legal scholars and outlines the key principles and structure of evidence law. The law of evidence determines how facts may be proved in court, what facts need not be proved, and the means by which the court can be informed of issues in dispute. Evidence law is divided into substantive and procedural aspects, with the latter governing pleading, procedure and proof in court.
This document summarizes key sections of the Malaysian Evidence Act 1950 regarding the admissibility of evidence in court. It discusses:
Section 10, which makes the acts and statements of co-conspirators admissible against all conspirators under certain conditions.
Section 12, which makes any fact relevant that would enable the court to determine the appropriate amount of damages.
Section 13, which makes transactions and instances relevant when establishing the existence of a right or custom.
Mobile marketing remains largely untapped potential. While most marketers understand mobile opportunities, few have launched mobile-friendly websites or apps. To succeed, marketers must understand mobile user behavior on their sites, such as which devices are used and how users interact. Having this insight allows optimization of page design, navigation and more. Marketers also need to integrate mobile marketing into their overall marketing mix, including social media, to engage customers on all channels. However, security concerns currently limit mobile payments and transactions. As these issues are addressed, mobile will continue growing in importance.
The document provides guidelines for state drug regulatory authorities in India to take uniform action on drug samples found to be spurious, adulterated, or not of standard quality. It outlines 3 categories of quality failures and recommends legal or administrative actions accordingly. For spurious or grossly substandard drugs, prosecution is recommended. Minor defects may be addressed administratively through license actions or compounding. It aims to strengthen drug quality monitoring while avoiding harassment of compliant manufacturers.
Creativity is a mental process that involves generating new ideas through making connections between existing concepts from memory. It is fueled by both conscious and unconscious insights. True creativity comes from a lifetime of seeking answers and making observations, not from structured brainstorming sessions. Creatives are able to recall insights and memories at the right time to inspire new ideas. To be creative, one needs to be curious and do most of their thinking outside of structured work environments where inspiration can be found.
The document discusses the Barracuda Link Balancer, which aggregates multiple internet links to provide increased bandwidth and reliability over a single connection. It load balances traffic across various types of connections like DSL and cable to optimize usage and failover if one link goes down. This improves performance and ensures continuous internet access while lowering costs compared to using just one leased line.
Draft State Right to Water Bill 2015 Ver 4.0Anupam Saraph
The result of more than 5 years of efforts of river activists across India and Policy-makers of various State and National Water Policies, under the leadership of Raincatcher and Waterman, Magsaysay Award winner Dr. Rajendrasingh, here is a draft Right to Water Bill for States.
This ‘Right to Water Act 2015’ empowers the citizens and the local-bodies a right, and not a privilege, to discharge their responsibility of protection, conservation and restoration of all water bodies for enabling the right to equitable access and abundant quantity of quality water responsibly abstracted from the water cycle for wholesome sustenance and dignity of citizens and all life forms.
Which State's will see it prudent to deliver this legal framework to its citizens this year?
The document discusses designing an information system to act as a "nervous system" for cities to help them better respond to changes. It notes that without such a system, cities behave in fragmented, schizophrenic, and non-collaborative ways. It proposes that an integrated, simplified, mission-focused, open, and inclusive information system, enabled by IT, could help cities respond to issues, service requests, disasters, and development needs, similar to how a nervous system helps organisms. The document outlines developing a vision, roadmap, and catalyzing the roll-out of such an urban "nervous system" from 2011-2020.
Alternative scenarios for goa over the next 100 yearsAnupam Saraph
The document discusses scenarios for Goa over the next 100 years. It argues that developing scenarios is important to envision possible futures and avoid being passive about what may happen. Scenarios are not predictions, but rather alternative possibilities that can be shaped by choices. They allow communities to explore different outcomes and align actions to work toward preferable futures. The document advocates using scenarios to spur public discourse and build shared understanding to help guide a community towards its goals and visions.
The document summarizes a court case in India regarding an appeal against the acquittal of respondents charged under the Prevention of Food Adulteration Act for selling atta (wheat flour) found to contain living and dead insects. The trial court had convicted the respondents, but the additional sessions judge acquitted them, noting that the atta met standards under the act. The state appealed, arguing the judge did not properly consider evidence. The court discussed principles for appeals against acquittal, noting appellate courts have full power to review evidence and reach their own conclusions. It dismissed the appeal, finding no grounds to reverse the acquittal.
1. The complainant, a government food inspector, inspected a dhaba and found approximately 10kg of adulterated curd being sold to customers.
2. Samples of 600g were purchased and tested, with the public analyst report finding the curd to contain 7.3% milk-solid-not-fat against the minimum standard of 9%.
3. The dhaba manager is being charged under the Prevention of Food Adulteration Act for selling adulterated food intended for human consumption without a valid license.
The applicant, Dr. Satish, who is a qualified medical practitioner with no prior criminal record, applied for bail in a case where he has been charged with offenses related to a shortage of medical oxygen at a hospital where he was head of the anesthesia department. The court analyzed documents and statements from the investigation and found that the applicant was not involved in procuring, billing or payments for the medical oxygen supplies. Considering this and that the applicant has already spent 7 months in custody, the court granted bail to the applicant with conditions to ensure his presence at trial.
Jethmal Himmatmal Jain And Others Vs State Of Maharashtra On 12 March, 1981 (1)msdhillon72
This document summarizes a court order regarding a petition filed to quash criminal proceedings against employees of a chemist shop. The key details are:
1. Police raided the chemist shop in 1974 and seized misbranded and substandard drugs. A complaint was filed in 1977, more than 3 years later.
2. The petitioners argued the court had no jurisdiction to take cognizance due to the delay without first condoning it. However, the court did not explicitly condone the delay.
3. The court order examines the relevant code sections on limitation of periods. It holds that condoning delay is a prerequisite for cognizance. As the court did not record condon
This document is a complaint filed by Manjinder Singh Dhillon, a government food inspector, against Kuldeep Singh for adulterating milk in violation of the Prevention of Food Adulteration Act. Mr. Dhillon intercepted Mr. Singh carrying approximately 150kg of cow milk to sell without a valid license. Samples were taken and tested, with the public analyst finding the milk to contain lower than minimum prescribed levels of fat and solids, indicating adulteration. The complaint requests that action be taken against Mr. Singh under the relevant sections of the Act.
The document summarizes a court case in India. Three juveniles, Ankit, Mohan, and Deepak, were convicted of sexually assaulting an 8-year-old boy. They were found guilty under Section 377 of the Indian Penal Code and Section 10 of the Protection of Children from Sexual Offences Act. Their defense argued the medical evidence did not support penetration and the conviction should be overturned. The court reviewed the medical evidence and victim's testimony but ultimately upheld the conviction, finding the prosecution had sufficiently proven its case against the juveniles.
1. Manjinder Singh Dhillon, a government food inspector, inspected the premises of Davinder Singh who was selling cow's milk without a valid license.
2. Dhillon took three samples of the milk totaling 1500ml which were sealed and labeled. One sample was sent to the public analyst in Chandigarh.
3. The public analyst's report found the milk samples to be adulterated with lower than minimum prescribed levels of milk fat and solids. Dhillon is filing a complaint against Davinder Singh for selling adulterated milk without a license.
Rajivgandhi v. The State- Madras hc SCC.pdfsabrangsabrang
1) The appellant was convicted by the trial court for offenses under the POCSO Act and Section 363 IPC for kidnapping and sexually assaulting a 16-year-old girl.
2) The High Court upheld the conviction under the POCSO Act but acquitted the appellant of the kidnapping charge under Section 363 IPC, finding that the victim had gone voluntarily with the appellant.
3) However, the Court confirmed the conviction under the POCSO Act, noting that the victim's testimony clearly described penetrative sexual assault and the medical evidence supported this, while the appellant failed to dislodge the presumption of guilt under the Act.
This document is a complaint filed in court by Manjinder Singh Dhillon, a government food inspector, against Teja Singh, a milk vendor. The complaint alleges that on March 20, 2008, Dhillon intercepted Teja Singh selling adulterated cow milk without a valid license. Samples were taken and found to contain lower than the minimum prescribed levels of milk fat and solids. The complaint requests that Teja Singh be prosecuted under the Prevention of Food Adulteration Act for illegally selling adulterated milk without a license. Witnesses and documents supporting the allegations are listed in annexures to the complaint.
1. The complaint alleges that on December 20, 2008, the complainant, a government food inspector, inspected the premises of Bansal Departmental Store in Mohali and found imported chocolates being sold without proper labeling as required under the Prevention of Food Adulteration Act, 1954.
2. Samples of Max Crunch Milk Choco with Rice Cereal were purchased from the store and testing found the product to be misbranded for failing to provide the complete address of the importer in India.
3. The complaint is filed against the proprietor and manager of Bansal Departmental Store under sections 7 and 16 of the Prevention of Food Adulteration Act for selling misbranded food
1. The Government Food Inspector filed a complaint against Sadhu Khan, a Gur Sakar merchant in Mohali, under the Prevention of Food Adulteration Act for adulterating Gur Sakar.
2. Samples of Gur Sakar were purchased from Sadhu Khan's shop and found to contain prohibited synthetic food colors and less than the minimum sugar content.
3. The Public Analyst's report confirmed the sample was adulterated, containing synthetic colors and less than 90% sugar. The inspector requests action be taken against the accused under the Act.
This document is a complaint filed in the Court of Judicial Magistrate against Harwinder Bansal and Surinder Pal, the owner and manager of Bansal Departmental Store. The complaint alleges that on December 20, 2008, during an inspection of the store, the complainant, a government food inspector, collected samples of imported chocolate cookies being sold at the store. The sample was found to be misbranded by the Public Analyst according to the Prevention of Food Adulteration Act. As a result, the complainant requests that legal action be taken against the accused under relevant sections of the Act for selling misbranded food products.
This document is a complaint filed in the Court of Chief Judicial Magistrate Barnala by Manjinder Singh Dhillon, a government food inspector. The complaint alleges that on March 20, 2008, Dhillon intercepted Teja Singh carrying approximately 20kg of cow's milk in a silver can to sell to the public without a valid license. Dhillon purchased a 1.5 liter sample of the milk which was tested by the Public Analyst Punjab and found to contain adulterated levels of milk fat and milk solids. The complaint requests that Teja Singh be prosecuted under the Prevention of Food Adulteration Act for illegally stocking and selling adulterated cow's milk for human consumption.
This document is a complaint filed by Manjinder Singh Dhillon, a government food inspector, against Darshan Singh, a milk vendor and karyana merchant in Barnala, Punjab. Mr. Dhillon inspected Mr. Singh's premises and found him storing approximately 30kg of cow's milk in a plastic can for sale without a valid license, in violation of the Prevention of Food Adulteration Act. Mr. Dhillon purchased a 1.5 liter sample from the milk, which was tested by the public analyst and found to contain 8% milk-solid-not-fat, below the minimum standard of 8.5%. Based on this, Mr. Dhillon files this complaint alleging that Mr
This document is a complaint filed by Manjinder Singh Dhillon, a government food inspector, against Darshan Singh, a milk vendor and karyana merchant in Barnala, Punjab. Mr. Dhillon inspected Mr. Singh's premises on March 25, 2008 and found him storing approximately 30kg of cow's milk in a plastic can for sale without a valid license, as required by law. Mr. Dhillon purchased a 1.5 liter sample of the milk, which was then sent to a public analyst. The public analyst's report found the sample to contain 8% milk solids-not-fat, below the minimum standard of 8.5%, indicating adulteration. The complaint requests that action
1. The complainant, a government food inspector, inspected the premises of the two accused brothers and found them manufacturing and stocking adulterated mixed milk.
2. Samples of the mixed milk were purchased, sealed, labeled, and sent to the public analyst.
3. The public analyst's report found the sample to be adulterated with additives like skimmed milk powder and sodium hydroxide, and not meeting standards for milk solid and fat content.
4. The complainant is filing a case against the two brothers under the Prevention of Food Adulteration Act for manufacturing and stocking adulterated milk without a valid license.
The Appellant Was Charged For An Offence Under Section 16msdhillon72
The appellant was charged with selling adulterated turmeric powder under the Prevention of Food Adulteration Act. Though he pleaded not guilty, after examination he submitted a written admission of guilt as part of a plea bargain. The magistrate convicted him based on this admission as well as the evidence, sentencing him to one day imprisonment and a fine, less than the statutory minimum. The High Court enhanced the sentence. The Supreme Court remanded the case, noting that plea bargains could lead courts to superficial evaluations, and the appellant's conviction was affected by his admission against the requirements of the Act.
1. The complainant, a government food inspector, inspected the premises of the accused Mahesh Gupta who owns a confectionery shop.
2. Samples of dry petha being sold were purchased and testing was carried out by the public analyst who found the product to be misbranded as it did not provide the required labeling information.
3. The complainant has filed a complaint against the accused under the Prevention of Food Adulteration Act for selling misbranded food products.
The Supreme Court of India heard an appeal from Ishar Das, who was convicted under the Prevention of Food Adulteration Act for selling adulterated ice cream. The High Court judge took issue with the magistrate's order to release Ishar Das on bond and instead sentenced him to 6 months imprisonment and a fine of 1000 rupees. On appeal, the Supreme Court was limited to considering just the sentence.
The complaint alleges that on March 20, 2008, the complainant, a government food inspector, intercepted the accused, Teja Singh, carrying approximately 20 kg of cow's milk in a can to sell to the public without a valid license. A sample of 1,500 ml of the milk was purchased and tested, and the public analyst's report found the milk to be adulterated by containing less than the minimum prescribed levels of milk fat and milk solids. The complainant requests that legal action be taken against the accused under the relevant sections of the Prevention of Food Adulteration Act for adulterating and selling milk without a license.
Similar to O Chandsaheb Shaikh On 9 December, 1991 (20)
Mohalidetail Of Pfa Cases To Launch Dec 08 Detail 1 9 Mohali Launchedmsdhillon72
This document lists 19 court cases that have been launched in the Court of Food Law. The cases involve various food items including kala kand, barfi, fish, ghee, milk products, and ice cream. Most cases involve charges against individuals or companies for violating food regulations. The document provides the name of the accused, details of their business, and the case reference number for each ongoing case.
List Of Court Cases Launched In The Court Of Food Law 1 5msdhillon72
This document lists 5 court cases that have been launched in the Court of Food Law. The cases involve various food products and businesses in the Chandigarh and Zirakpur areas. The cases involve Kala Kand, Barfi, fish fry, desi ghee, and agmark pure ghee. The next hearing dates are not provided. The cases are between the state government and individual proprietors or business owners.
This document is a letter from a Civil Surgeon in Ferozpur, Punjab sending food samples to the Chief Public Analyst at the King Institute in Guindy, Chennai for analysis under Section 13(2)E of the Prevention of Food Adulteration Act of 1954. The Civil Surgeon requests analysis of the samples and a report so further necessary action can be taken regarding the samples. The letter includes an enclosed Form VII.
The document lists 5 court cases being heard in the Court of Food Law. The cases involve charges against individuals and businesses regarding cow milk, red chilly powder, raisins and chocolate, Kravour raisin covered, and Max crunch milk chocolate with rice cereal. The next date of hearing is not provided.
This notice from the local health authority informs the owner of Priya Sweets that food items were seized from their vehicle during an inspection. Samples were sent for analysis and the reports found that barfi and kalakand were adulterated and unfit for consumption. As these items are perishable, the health authority will destroy them according to the law. The owner can collect the stock of patisa, which was found to meet standards. The notice is informing the owner of the action being taken regarding the seized food items.
1) The complainant, a government food inspector, inspected the premises of the accused and found them selling food products without a valid license.
2) Samples of the food products were purchased, sealed, labeled, and sent to the public analyst for testing.
3) The public analyst's report found the food products to be adulterated.
4) The complainant is requesting legal action be taken against the accused for violating the Prevention of Food Adulteration Act by selling adulterated and unlicensed food products.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The Civil Surgeon-Cum-Local Health Authority from Ferozpur is sending 6 food samples to the Chief Public Analyst at the King Institute of Guindy in Chennai for analysis under the Prevention of Food Adulteration Act. The samples include Angoori Petha, Dry Petha, Sugar, Petha, and Angoori Petha collected from Ferozpur and Abohar, with details on the sample codes, collection dates, and types of food provided. A copy of the memo and impression of the seal used on the sample packets is also being sent separately.
This document contains a list of 44 email addresses. The emails are not grouped or labeled and range from amr_ishdubey@yahoo.co.in to rakhi.vinayak@gmail.com. There is no other text or context provided.
This document contains contact information including phone numbers for various officials across different departments in the Ferozepur district of Punjab, India. It lists commissioners, deputy commissioners, SDMs, tehsildars, police officials, municipal committee executives, judicial officers, rural development block program officers and others, along with their office and home phone numbers.
This document contains a summary of food samples collected in April 2009, including 12 entries with details of the sample number, code, sample type, vendor name and address, and date. The samples collected were of products like haldi powder, zeerar, cow milk, matka kulfi, strawberry ice cream, kesar pista ice cream, ice cream, chocolate ice cream, ice cubes, paneer, and more from various vendors located in Mohali, Chandigarh, and Ropar. The document appears to be a report submitted by a food inspector providing details of food sampling for the month of April 2009.
Detail Of Samples Seized During Month Reoptmsdhillon72
This document appears to be a log or record of samples seized during a month. It lists sample numbers, slip numbers, dates, names of articles and vendors but all the fields are blank, suggesting this is a template or header for a record that was not fully completed or populated with data. The document is signed by a government food inspector.
1) A food inspector intercepted a vehicle carrying food articles for sale and seized samples of barfi, kalakand, and patisa for testing, as they appeared adulterated.
2) Testing found barfi and kalakand to be adulterated and unfit for human consumption, while patisa met standards.
3) As the seized food articles were perishable, the inspector requested the local health authority destroy the barfi and kalakand after notifying the vendor, and return the patisa.
Court Cases Launched In The Court Of Law Barnala State Vs1 9msdhillon72
This document lists 13 court cases related to food law that were launched in the Court of Food Law. Each case provides the case number, details of the item in question (such as cow milk, biscuits, or mixed milk), the name and address of the defendant, and the date of the next hearing. The document was prepared by a government food inspector.
This document is a calendar for the month listing court hearing dates. It shows that hearings will be held every day except Sunday. The calendar is sent from Manjinder Singh Dhillon, a Government Food Inspector, to the Civil Surgeon regarding hearing dates in court cases that month.
Court Cases Launched In The Court Of Law Barnala State Vsmsdhillon72
This document lists 19 court cases that have been launched in the Court of Food Law. It provides the case numbers, names of defendants, and villages or locations of defendants. The document does not provide any details about the nature of the cases themselves beyond references to items like "cow milk", "mixed milk", and "biscut" in some of the case descriptions. It also does not include the next date of hearing for any of the cases.
Copy Of Ropar Detail Court Cases 1 8 Datesmsdhillon72
This document lists 8 court cases that will be heard in the Court of Food Law. It provides the case name and number, plaintiff (STATE), defendant name and address, and slip number for each case. The cases involve food products like ghee, milk, curd, and jaggery being brought to court for potential violations of food law. The document schedules these 8 cases to be heard by the Court of Food Law.
Copy Of Court Cases Launched In The Court Of Lawmsdhillon72
This document appears to be a table listing court cases that have been launched. It includes columns for the serial number, slip number, names of articles, names of vendors, states launching the cases, and next dates for hearings. The table contains 11 total rows but no other information is provided in the cells.
Osvaldo Bernardo Muchanga-GASTROINTESTINAL INFECTIONS AND GASTRITIS-2024.pdfOsvaldo Bernardo Muchanga
GASTROINTESTINAL INFECTIONS AND GASTRITIS
Osvaldo Bernardo Muchanga
Gastrointestinal Infections
GASTROINTESTINAL INFECTIONS result from the ingestion of pathogens that cause infections at the level of this tract, generally being transmitted by food, water and hands contaminated by microorganisms such as E. coli, Salmonella, Shigella, Vibrio cholerae, Campylobacter, Staphylococcus, Rotavirus among others that are generally contained in feces, thus configuring a FECAL-ORAL type of transmission.
Among the factors that lead to the occurrence of gastrointestinal infections are the hygienic and sanitary deficiencies that characterize our markets and other places where raw or cooked food is sold, poor environmental sanitation in communities, deficiencies in water treatment (or in the process of its plumbing), risky hygienic-sanitary habits (not washing hands after major and/or minor needs), among others.
These are generally consequences (signs and symptoms) resulting from gastrointestinal infections: diarrhea, vomiting, fever and malaise, among others.
The treatment consists of replacing lost liquids and electrolytes (drinking drinking water and other recommended liquids, including consumption of juicy fruits such as papayas, apples, pears, among others that contain water in their composition).
To prevent this, it is necessary to promote health education, improve the hygienic-sanitary conditions of markets and communities in general as a way of promoting, preserving and prolonging PUBLIC HEALTH.
Gastritis and Gastric Health
Gastric Health is one of the most relevant concerns in human health, with gastrointestinal infections being among the main illnesses that affect humans.
Among gastric problems, we have GASTRITIS AND GASTRIC ULCERS as the main public health problems. Gastritis and gastric ulcers normally result from inflammation and corrosion of the walls of the stomach (gastric mucosa) and are generally associated (caused) by the bacterium Helicobacter pylor, which, according to the literature, this bacterium settles on these walls (of the stomach) and starts to release urease that ends up altering the normal pH of the stomach (acid), which leads to inflammation and corrosion of the mucous membranes and consequent gastritis or ulcers, respectively.
In addition to bacterial infections, gastritis and gastric ulcers are associated with several factors, with emphasis on prolonged fasting, chemical substances including drugs, alcohol, foods with strong seasonings including chilli, which ends up causing inflammation of the stomach walls and/or corrosion. of the same, resulting in the appearance of wounds and consequent gastritis or ulcers, respectively.
Among patients with gastritis and/or ulcers, one of the dilemmas is associated with the foods to consume in order to minimize the sensation of pain and discomfort.
The biomechanics of running involves the study of the mechanical principles underlying running movements. It includes the analysis of the running gait cycle, which consists of the stance phase (foot contact to push-off) and the swing phase (foot lift-off to next contact). Key aspects include kinematics (joint angles and movements, stride length and frequency) and kinetics (forces involved in running, including ground reaction and muscle forces). Understanding these factors helps in improving running performance, optimizing technique, and preventing injuries.
Nano-gold for Cancer Therapy chemistry investigatory projectSIVAVINAYAKPK
chemistry investigatory project
The development of nanogold-based cancer therapy could revolutionize oncology by providing a more targeted, less invasive treatment option. This project contributes to the growing body of research aimed at harnessing nanotechnology for medical applications, paving the way for future clinical trials and potential commercial applications.
Cancer remains one of the leading causes of death worldwide, prompting the need for innovative treatment methods. Nanotechnology offers promising new approaches, including the use of gold nanoparticles (nanogold) for targeted cancer therapy. Nanogold particles possess unique physical and chemical properties that make them suitable for drug delivery, imaging, and photothermal therapy.
- Video recording of this lecture in English language: https://youtu.be/Pt1nA32sdHQ
- Video recording of this lecture in Arabic language: https://youtu.be/uFdc9F0rlP0
- Link to download the book free: https://nephrotube.blogspot.com/p/nephrotube-nephrology-books.html
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Travel vaccination in Manchester offers comprehensive immunization services for individuals planning international trips. Expert healthcare providers administer vaccines tailored to your destination, ensuring you stay protected against various diseases. Conveniently located clinics and flexible appointment options make it easy to get the necessary shots before your journey. Stay healthy and travel with confidence by getting vaccinated in Manchester. Visit us: www.nxhealthcare.co.uk
5-hydroxytryptamine or 5-HT or Serotonin is a neurotransmitter that serves a range of roles in the human body. It is sometimes referred to as the happy chemical since it promotes overall well-being and happiness.
It is mostly found in the brain, intestines, and blood platelets.
5-HT is utilised to transport messages between nerve cells, is known to be involved in smooth muscle contraction, and adds to overall well-being and pleasure, among other benefits. 5-HT regulates the body's sleep-wake cycles and internal clock by acting as a precursor to melatonin.
It is hypothesised to regulate hunger, emotions, motor, cognitive, and autonomic processes.
Know the difference between Endodontics and Orthodontics.Gokuldas Hospital
Your smile is beautiful.
Let’s be honest. Maintaining that beautiful smile is not an easy task. It is more than brushing and flossing. Sometimes, you might encounter dental issues that need special dental care. These issues can range anywhere from misalignment of the jaw to pain in the root of teeth.
The skin is the largest organ and its health plays a vital role among the other sense organs. The skin concerns like acne breakout, psoriasis, or anything similar along the lines, finding a qualified and experienced dermatologist becomes paramount.
Histololgy of Female Reproductive System.pptxAyeshaZaid1
Dive into an in-depth exploration of the histological structure of female reproductive system with this comprehensive lecture. Presented by Dr. Ayesha Irfan, Assistant Professor of Anatomy, this presentation covers the Gross anatomy and functional histology of the female reproductive organs. Ideal for students, educators, and anyone interested in medical science, this lecture provides clear explanations, detailed diagrams, and valuable insights into female reproductive system. Enhance your knowledge and understanding of this essential aspect of human biology.
Pictorial and detailed description of patellar instability with sign and symptoms and how to diagnose , what investigations you should go with and how to approach with treatment options . I have presented this slide in my 2nd year junior residency in orthopedics at LLRM medical college Meerut and got good reviews for it
After getting it read you will definitely understand the topic.
Are you looking for a long-lasting solution to your missing tooth?
Dental implants are the most common type of method for replacing the missing tooth. Unlike dentures or bridges, implants are surgically placed in the jawbone. In layman’s terms, a dental implant is similar to the natural root of the tooth. It offers a stable foundation for the artificial tooth giving it the look, feel, and function similar to the natural tooth.
How to Control Your Asthma Tips by gokuldas hospital.Gokuldas Hospital
Respiratory issues like asthma are the most sensitive issue that is affecting millions worldwide. It hampers the daily activities leaving the body tired and breathless.
The key to a good grip on asthma is proper knowledge and management strategies. Understanding the patient-specific symptoms and carving out an effective treatment likewise is the best way to keep asthma under control.
Breast cancer: Post menopausal endocrine therapyDr. Sumit KUMAR
Breast cancer in postmenopausal women with hormone receptor-positive (HR+) status is a common and complex condition that necessitates a multifaceted approach to management. HR+ breast cancer means that the cancer cells grow in response to hormones such as estrogen and progesterone. This subtype is prevalent among postmenopausal women and typically exhibits a more indolent course compared to other forms of breast cancer, which allows for a variety of treatment options.
Diagnosis and Staging
The diagnosis of HR+ breast cancer begins with clinical evaluation, imaging, and biopsy. Imaging modalities such as mammography, ultrasound, and MRI help in assessing the extent of the disease. Histopathological examination and immunohistochemical staining of the biopsy sample confirm the diagnosis and hormone receptor status by identifying the presence of estrogen receptors (ER) and progesterone receptors (PR) on the tumor cells.
Staging involves determining the size of the tumor (T), the involvement of regional lymph nodes (N), and the presence of distant metastasis (M). The American Joint Committee on Cancer (AJCC) staging system is commonly used. Accurate staging is critical as it guides treatment decisions.
Treatment Options
Endocrine Therapy
Endocrine therapy is the cornerstone of treatment for HR+ breast cancer in postmenopausal women. The primary goal is to reduce the levels of estrogen or block its effects on cancer cells. Commonly used agents include:
Selective Estrogen Receptor Modulators (SERMs): Tamoxifen is a SERM that binds to estrogen receptors, blocking estrogen from stimulating breast cancer cells. It is effective but may have side effects such as increased risk of endometrial cancer and thromboembolic events.
Aromatase Inhibitors (AIs): These drugs, including anastrozole, letrozole, and exemestane, lower estrogen levels by inhibiting the aromatase enzyme, which converts androgens to estrogen in peripheral tissues. AIs are generally preferred in postmenopausal women due to their efficacy and safety profile compared to tamoxifen.
Selective Estrogen Receptor Downregulators (SERDs): Fulvestrant is a SERD that degrades estrogen receptors and is used in cases where resistance to other endocrine therapies develops.
Combination Therapies
Combining endocrine therapy with other treatments enhances efficacy. Examples include:
Endocrine Therapy with CDK4/6 Inhibitors: Palbociclib, ribociclib, and abemaciclib are CDK4/6 inhibitors that, when combined with endocrine therapy, significantly improve progression-free survival in advanced HR+ breast cancer.
Endocrine Therapy with mTOR Inhibitors: Everolimus, an mTOR inhibitor, can be added to endocrine therapy for patients who have developed resistance to aromatase inhibitors.
Chemotherapy
Chemotherapy is generally reserved for patients with high-risk features, such as large tumor size, high-grade histology, or extensive lymph node involvement. Regimens often include anthracyclines and taxanes.
1. Equivalent citations: 1992 (2) BomCR 160
Bench: B Deshmukh, S Dani
The State Of Maharashtra, Through The Food Inspector vs Raheman S/O Chandsaheb
Shaikh on 9/12/1991
JUDGMENT
B.N. Deshmukh, J.
1. This appeal is filed by the State challenging the order of acquittal
passed by the learned Judicial Magistrate, First Class, Kandhar, on 30−12−1980.
The respondent−accused, who was running a Kirana shop in Mondha, Loha. According
to the prosecution, the respondent−accused, had sold adulterated food article
and committed an offence under the provisions of section 2(1)(a) and (c) of the
Prevention of Food Adulteration Act, in contravention of section 6 of the said
Act, punishable under section 16 of the said Act.
2. According to the prosecution, P.W. 2 Shivshankar Jalkote was the Food
Inspector, who had visited the shop of the accused on 29−1−1979 along with P.W.
4 Premnath Kamble, another Food Inspector, and also in the company of one Patki.
After disclosing his identity, he demanded dalchini (Cinamone) from the accused
which was kept in the shop for sale. He purchased 300 grams of Dalchini and paid
Rs. 12 towards the price and obtained the receipt (Exh. 43) from the accused
Dalchini was divided in three equal parts of about 100 grams each. A panchanama
was drawn. The notices in Form No. 6 and as required under section 14−A of the
said Act were given to the accused. When the accused was asked to disclose the
name of the manufacturer, the accused informed him that he had no bill for the
purchase of dalchini with him. After the drawing of the panchanama, and sealing
of the samples, as per the requirements, and obtaining the signatures of the
panchas, one sample was sent to the public Analyst, Aurangabad and remaining two
samples were handed over in sealed packet condition to the Local Health
Authority, along with the copies of Form No. 7, on 30−1−1979. The sealed sample
was sent to the Public Analyst, Aurangabad, by registered post acknowledgement
due on the same day. The Public Analyst sent a report on 31−3−1979 to the effect
that the sample is not as per the standard prescribed for dalchini. After the
completion of the formalities regarding sanction , etc., the accused came to be
prosecuted for the alleged offences.
3. The learned trial Judge, after appreciating the entire evidence on record,
held that the accused is entitled for benefit of doubt in the absence of any
independent and cogent evidence produced by the prosecution. Accordingly, the
respondent−accused was acquitted. Hence, the State has come in appeal
challenging the said order of acquittal passed in favour of the respondent−
accused.
4. Shri G.R. Ghuge, learned Addl. P.P., contended that the findings recorded
by the learned trial Judge are perversed. The evidence led by the prosecution is
sufficient to hold the accused guilty of the offence alleged, i.e., for selling
adulterated food article, namely, dalchini. He has further contended that the
order of acquittal is not in conformity with the provisions of the said Act.
5. Shri B.S. Bharaswadkar, learned Advocate appointed for the accused,
however, contended that the learned trial Judge was right in giving benefit of
doubt to the accused and he therefore, supported the order the order of
acquittal. He further contended that the acquittal is being considered in this
appeal after about 9 years. The order of acquittal should not be interfered with
after a lapse of such long period.
6. The prosecution has relied upon the evidence of P.W. 1 Madhukar Patil,
P.W. 3 Bapurao Kishanrao, Assistant Commissioner of Food and Drugs
Indian Kanoon − http://indiankanoon.org/doc/1609803/
2. Administration and the Local Health Authority; P.W. 4 Premraj Kamble, who is
also a signatory to the panchnama, Exh. 46; P.W. 5 Shadul Jaiwadan, who was also
Assistant Commissioner of Food & Drugs at Nanded. The report of the Public
Analyst is produced at Exh. 56.
7. The learned trial Judge has given benefit of doubt on the ground that the
prosecution has called to examine independent witnesses. Secondly, none of the
sealed sample was brought before the Court. There is nothing to show that the
accused sold any kind of cinamone, because the article sent to the Public
Analyst, Aurangabad, was not found to contain any adulteration of dalchini, but
the same was different article. Lastly, the trial Court found that there is
delay on the part of the Food Inspector to launch the prosecution against the
accused. On these grounds, the learned trial Judge found it fit to give benefit
of doubt to the accused.
8. Jalkote (P.W. 2) in his evidence has stated that he went to the shop of
the accused on 29−1−1979 along with the Food Inspector Kamble (P.W. 4), Patki
and two panchas. After showing the identity card, he informed the accused that
he has come to inspect the shop and wanted samples for analysis. In the shop, he
found article, which was kept as resembling dalchini for sale. When enquired
about the said article from the accused, he told him that the article is
dalchini. He purchased dalchini to the extent of 300 grams and paid cash amount
of Rs. 12 towards the price of dalchini and obtained receipt (Exh. 43). After
completing the procedure, and preparing the panchnama in the presence of the
accused and panchas, the sample was sent for analysis. He has further stated
that he gave notice in Form No. 6 to the accused and also gave for analysis. He
has further stated that he gave notice in Form No. 6 to the accused and also
gave notice under section 14−A of the Act to the accused. The accused gave in
writing that he does not have a bill regarding the purchase of dalchini by him.
In the cross−examination of this witness, have a bill regarding the purchase of
dalchini by him. In the cross−examination of this witness, it was tried to be
suggested that the article which was sold to him was not dalchini. However, it
was further suggested to him that receipt (Exh. 43) was given by the accused on
the say of this witness.
9. P.W. 2 Jalkote stands corroborated by the evidence of P.W. 4 Kamble, who
had accompanied him at the time of purchase of dalchini. According to him also,
when the complainant asked about the article, the accused told him that the
article is dalchini. The complainant jalkote thereafter asked him to give 300
grams of the article of dalchini. The complainant purchased 300 grams by paying
the amount of Rs. 12/−. This witness also refers to the notice given by Jalkote
in Form No. 6 as well as notice given under section 14−A of the Act. The accused
told them that he does not have the bill for the purchase of dalchini by him. He
has further stated that the detailed panchanama was drawn and he had signed the
panchnama (Exh. 46) along with the other panchas. He has also stated that the
complainant has obtained a receipt (Exh. 43) for the purchase of 300 grams of
dalchini by paying the price of Rs. 12 to the accused. There is nothing brought
out in the cross−examination to discredit the testimony of P.W. 4 Kamble.
10. The contents of panchanama (Exh. 46) are not at all challenged nor the
execution of receipt (Exh. 43) by the accused is challenged in the evidence of
P.W. 4 Kamble.
11. The learned trial Judge has not relied on the evidence of these two
witnesses as, according to him, the independent witnesses, namely, the panchas
were not examined by the prosecution. He has relied on the provisions of section
10(7) of the Act to indicate that the prosecution should have examined the
panchas. We are unable to appreciate how the evidence of these two witnesses can
be discarded merely because the panchas, who had signed the panchnama, were nor
examined. What is required by section 10(7) is that when the Food Inspector
takes action under Clause (a) of sub−section (1), sub−section (2), sub−section
(4) or sub−section (6), he shall call one or more persons to be present at the
Indian Kanoon − http://indiankanoon.org/doc/1609803/
3. time when such action is taken and taken his or their signatures. Admittedly,
the Food Inspector P.W. 2 Jalkote was accompanied by another Food Inspector P.W.
4 Kamble and, apart from both of them, they were accompanied by two other
panchas, whose signatures were obtained on the panchnama. As per the provision
of section 10(7), the Food Inspector is required to call upon one or more
persons to be present at the time of purchase of samples and take their
signatures on the panchnama, which is prepared at that time. In the present
case, apart from the signature of P.W. 4 Kamble, another Food Inspector, Jalkote
had obtained signatures of other two panchas. Merely because these two panchas
are not examined, it cannot be said that the procedure prescribed as per section
10(7) is not followed by the Food Inspector at the time of purchase of the
sample, in sealing them as prescribed and sending one of the sealed sample
packet to the Public Analyst.
12. We may refer to the decision of the Supreme Court in Prem Ballab and
another v. The State (Delhi Admn.), , wherein it is observed that in a case
involving offence under the Prevention of Food Adulteration Act under section
7(1) and section 16, the conviction can be based on the sole testimony of the
Food Inspector. The Supreme Court has held that there is no rule of law that
conviction cannot be based on the sole testimony of Food Inspector. It is only
out of sense of caution that the Courts insist that the testimony of Food
Inspector should be corroborated by some independent witness. This is a
necessary caution, which is to be borne in mind, because the Food Inspector, in
a sense, be regarded as an interested witness, but this caution is a rule of
prudence and not a rule of law; if it were otherwise, it would be possible for
any guilty person to escape punishment by resorting to the device of bribing
panch witnesses.
13. In the present case, there is evidence of not only Jalkote (P.W. 2), but
his evidence is amply corroborated by the other Food Inspector, P.W. 4 Kamble,
who has not only accompanied the complainant, but is also signatory to
panchnama, Exh. 46.
14. Apart from this evidence, in the present case, there is evidence by way
of receipt, Exh. 43, regarding the purchase of dalchini for sample by the
complainant by paying the price of Rs. 12. Though the accused in his statement
under section 313, Cr.P.C., at one stage, denied to have executed the receipt,
Exh. 43, to another question he has replied that he does not known as to whether
the signature on Exh. 43 is that of his. But, as already stated, while cross−
examining. P.W. 2 Jalkote, it was specifically suggested to him that Exh. 43 is
given by the accused under his signature on the say of Jalkote. This indicates
that there is no force in the denial of the signature on Exh. 43. Exhibit 43
categorically recites that Food Inspector Jalkote had purchased 300 grams of
dalchini on payment of Rs. 12 on 29−1979.
15. Apart from the evidence of P.W. 2 Jalkote and P.W. 4 Kamble, the recitals
of panchnama, Exh. 46, and the contents of receipt, Exh. 43. Show that the
accused has sold the commodity as dalchini to the complainant, P.W. 2 Jalkote.
16. In the face of this evidence, merely because the prosecution has failed
to examine the panch witnesses, it cannot be said that the prosecution has not
succeeded in establishing that the accused sold commodity as dalchini to P.W. 2
Jalkote.
17. Even though the report. Exh. 56, supplied to the accused, the accused had
not made any application for sending it for the second opinion as required by
section 13 of the Act. The report, therefore, goes unchallenged. As per the
report, Exh. 56, the commodity which was sold as dalchini did not conform to the
standards as prescribed under the Prevention of Food Adulteration Rules 1955.
The sample consists of 100 per cent, bar other than dalchini.
18. The word ’adulterated’ is defined in section 2(ia) of the Act as follows
Indian Kanoon − http://indiankanoon.org/doc/1609803/
4. :−−−
"An article of food shall be deemed to be adulterated −−−
(a) if the article sold by a vendor is not of the nature, substance or
quality demanded by the purchaser and is to his prejudice, or is not of the
nature, substance or quality which it purports or is represented to be; ..."
In view of this definition, the article, which was sold as dalchini is
undoubtedly adulterated, having regard to the report of the Public Analyst, Exh.
56. As the article was sold by the accused as dalchini, the same was not found
to be dalchini at all, but was found to be 100 per cent bar other than dalchini
and hence, the article is adulterated within the meaning of the word
’adulterated’ as given in section 2(ia) of the said Act.
19. Apart from the fact that the finding recorded by the learned trial Judge
regarding the commodity being dalchini is perversed, the findings on other
aspects are also perversed. The learned trial Judge has found fault with the
prosecution for not producing the article before the Court. As already stated,
the accused has never applied for the second opinion inspite of supply of copy
of the report of the Public Analyst. We do not find any error committed by the
prosecution in not producing the sample before the Court. Section 11(4) read
with section 10(4) of the Act makes it obligatory on the Food Inspector to
produce the articles, which are seized, before the Court. In the present case,
the samples were purchased by the Food Inspector under the provisions of section
10(1)(a). As provided in sub−section (3) of section 10, the article is not
’seized’ by the Food Inspector as per the provisions of section 10(4). If the
article is ’seized’ by the Food Inspector under section 120(4), then section
11(4) makes it obligatory to produce the said article ’seized’ by him before a
Magistrate as soon as possible and, in any case, not later than 7 days after the
receipt of the report of the Public Analyst. It is also possible for the accused
or to a person from whom such article is seized to make an application before
the Magistrate directing the food Inspector to produce such seized article. In
the present case, as already stated, the article is Inspector to produce such
seized article. In the present case, as already stated, the article is
’purchased’ by the Food Inspector by following the procedure under sub−section
(1)(a) of section 10 of the Act. The sample is also purchased as per section
10(3) of the Act. The question of seizure, therefore, does not arise at all. We
fail to appreciate as to how it was a must for the Food Inspector to produce any
sample before the Court. In the absence of any application made by the accused
challenging the opinion of the Public Analyst, and seeking second opinion, it
was not necessary for the prosecution to produce the sample before the Court.
We, therefore, do not agree with the finding of the learned trial Judge that the
prosecution has failed to produce the sample before the Court.
20. We also do not find any fault with the prosecution for not proceeding
against the manufacturer. In fact, the accused was served with the required
notice. Inspite of that, the accused did not disclose the name of the
manufacturer from whom he had purchased the commodity, dalchini, which was sold
to the Food Inspector. On the contrary, the accused has stated in writing that
he is not in possession, and, therefore, unable to produce the bill for the
purchase of dalchini by him. It cannot, therefore, be said that the prosecution
has committed any error in not proceeding against the manufacturer, as the
source of purchase of dalchini was not even disclosed by the accused.
21. Shri Bharaswadkar contended that the learned trial Judge was right in not
accepting the evidence of the prosecution against the accused, as from the
conduct of the Food Inspector, it can be gathered that there is considerable
delay in proceeding against the accused. He has relied upon the decision of the
Single Judge of this Court in State of Maharashtra v. Laxman N. Khamkar, 1977
Cri.L.J. 1485, to contend that the delay caused has to be taken into
consideration in favour of the accused. We are unable to appreciate how the
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5. ratio laid down in that case applies in the present case. There, there was a
delay in sending the article for analysis and it was of about nine months. So
also, the food article which was like Jilebi was preserved without any
preservatives. In the present case, there is absolutely no delay in sending the
sample to the Public Analyst. The ratio laid down has no bearing in the facts of
the present case.
22. Shri Bharaswadkar also contended that the accused is a small trader in a
village. The prosecution admittedly has not proceeded against the manufacturer,
and, therefore, the accused should not have been proceeded with. He relied on
certain observations of the Supreme Court in Ganeshmal Jashraj v. Government of
Gujarat and another, . In that case, the Supreme Court has observed :−−−
"We fail to see why at the time of taking samples from the small retailer,
the Food Inspectors do not care to find out from which wholesaler or
manufacturer he had purchased the particular food stuff and after ascertaining
the name of such wholesaler or manufacturer, proceed immediately to the place of
business of such wholesaler or manufacturer and take samples for the purpose of
finding out whether the food stuff which is being sold by him is adulterated or
not. The anxiety of the Food Inspectors seems to be only to catch hold of the
small tradesmen and not to proceed against the bigger wholesalers or
manufacturers who are quite often the real culprits..."
In that case, the matter was remanded as the accused was not found guilty. In
the present case, we do not find any fault with the prosecution, as the
explanation was sought from the accused to find out who are the manufacturers or
from whom he had purchased the commodity. Inspite of best efforts made by the
prosecution, the accused did not disclose the name of the manufacturer or the
person from whom he had purchased dalchini. In these circumstances no fault can
be found with the prosecution in not proceeding against the manufacturer or
deleting the said manufacturer.
23. We have, therefore, no doubt that the accused is guilty of the alleged
offences for selling the commodity dalchini to the food Inspector, P.W. 2
Jalkote.
24. On the point of sentence, Shri Bharaswadkar contended that leniency must
be shown and though the Act provides for minimum sentence, sentence lower than
the minimum can be awarded in view of the fact that the accused is a small
tradesman from a village; so also the order of acquittal is being deal with in
appeal after a lapse of about 9 years. For this purpose, he relied upon the
decision in Umrao Singh v. State of Haryana, where the provisions of section
16(1)(a)(i) proviso were considered regarding the sale of adulterated milk.
The percentage of deficiency in food contents was found to be 0.4%. The accused,
old man and suffering from asthama, having clean past record, it was found that
it is a fit case to award sentence lower than the minimum prescribed and,
therefore, the Supreme Court reduced the sentence to the period of imprisonment
already undergone.
25. The second decision relied upon is Municipal Corporation of Delhi v.
Jawala Parshad, 1985 Cri.L.J. 1455, wherein though the accused was found guilty
under section 7 read with section 7 of the Act, in an appeal against acquittal,
when more than 7 years had elapsed at the time of hearing of the appeal, the
Delhi High Court held that sentence of imprisonment should not be imposed except
in default to pay fine. In view of the ratio in these cases, Shri Bharaswadkar
contended that sentence less than the minimum prescribed by the statute should
be awarded; so also having regard to the fact that in an appeal against
acquittal, which has come up for hearing after more than 9 years, substantive
sentence except by way of in default should not be awarded to the accused.
26. On the point of sentence, we may also refer to the decision in State of
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6. Maharashtra v. Baburao, , where the accused was found liable to be convicted
under section 16. However, in view of the facts that offence was committed years
back, it was his first offence and the appeal was against acquittal, the Supreme
Court imposed minimum sentence of imprisonment prescribed by the proviso to
section 16(1) and directed to suffer R.I. for a period of 3 months and fine of
Rs. 2,000/−.
27. From the decision in A.I.R. 1981 S.C. 123, the facts are not clear.
Moreover, the latter view of the Supreme Court in
will have to be preferred in the facts of the present case.
28. We, therefore, set aside the order of acquittal passed by the learned
Judicial Magistrate, First Class, Kandhar, dated 30−12−1980 in C.C. No. 21 of
1980 and hold respondent−accused guilty of offence under section 7(2) read with
section 2(i)(a) and section 16 of the Prevention of Food Adulteration Act, and
sentence him to suffer R.I. for 3 months and to pay a fine of Rs. 500, in
default to suffer further R.I. for 1 month. If the accused was released on bail,
he shall surrender to his bail within one month.
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