The Appellant!(19) 2 Benifit
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The appellant, a grocer, was convicted by the High Court for selling adulterated asafoetida. On appeal, the appellant argued that he was protected under section 19(2)(a)(i) of the Prevention of Food Adulteration Act since he purchased the product from a licensed manufacturer and sold it without alteration. However, the Supreme Court held that section 19(2)(a)(i) requires a written warranty from the manufacturer, and the sample tested was less than the required amount under the rules. Therefore, the conviction was set aside due to non-compliance with statutory provisions.
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![The appellant, a grocer, sold compounded asafoetida in sealed tins received from a
licenced manufacturer. The appellant stored it properly and sold it in the same slate as he
purchased it. The Food Inspector took sample of 100 gms., instead of 200 gms. as
provided by rule 22. On analysis it was found that alcoholic content was less than the
minimum prescribed and therefore, the compounded asafoetida was adulterated.
The Trial Court acquitted the appellant. On appeal by the State. the High ,Court
convicted the appellant and sentenced him to suffer rigorous imprisonment for one year
and to pay a fine of Rs. 1,000/-.
On appeal to this Court the appellant contended that he was protected by section 19(2) (a)
(i) because he purchased the compounded asafoetida from a duly licensed manufacturer
and sold it in the same state as he purchased it. The appellant contended that the words
"written warranty in the prescribed form" attached only to section 19 (2) (a) (ii) and not s.
19 (2) (a) (i). The appellant also ,contended that since instead of 200 gms. as required by
rule 22 the Food Ins- pector took only 100 gms. as the sample he was entitled to be
acquitted.
HELD : (i) It follows from rule 12A that the manufacturer has to print a label containing
a warranty. Warranty is required by cases covered under section 19(2)(a)(i) and 19(2)(a)
(ii). Otherwise adulterated goods could be sold with impunity. These salutary provisions
are designed for the health of the nation. No laxity should be permitted. [889A-
D]
Andhra Pradesh Grain & Seed Merchants' Association etc. etc. v. Union of India & Anr.
[1971] 1 S.C.R. 166. explained.
(ii) The Public Analyst did not have the quantities mentioned in the rules for analysis.
The non-compliance with the quantity to be supplied caused not only infraction of the
provisions but also injustice. The shortage in quantity for analysis is not permitted by the
statute. The High Court was in error in convicting the appellant on analysis which was
not in compliance with the provisions of the Statute. [889F-H]
Extract:
Rajal Das Guru Namal Pamanani VS. The State Of Maharashtra
PETITIONER: RAJAL DAS GURU NAMAL PAMANANI Vs.
RESPONDENT: THE STATE OF MAHARASHTRA
DATE OF JUDGMENT03/12/1974
BENCH: RAY, A.N. (CJ)](https://image.slidesharecdn.com/theappellant192benifit-100517132422-phpapp02/85/The-Appellant-19-2-Benifit-1-320.jpg)
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- Link to NephroTube website: www.NephroTube.com
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The UK is currently facing a Adhd Medication Shortage Uk, which has left many patients and their families grappling with uncertainty and frustration. ADHD, or Attention Deficit Hyperactivity Disorder, is a chronic condition that requires consistent medication to manage effectively. This shortage has highlighted the critical role these medications play in the daily lives of those affected by ADHD. Contact : +1 (747) 209 – 3649 E-mail : sales@trinexpharmacy.com
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This document outlines policies and procedures for handling narcotic and controlled drugs in NABH accredited hospitals.
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Learning objectives:
1. Define an electrocardiogram (ECG) and electrocardiography
2. Describe how dipoles generated by the heart produce the waveforms of the ECG
3. Describe the components of a normal electrocardiogram of a typical bipolar lead (limb II)
4. Differentiate between intervals and segments
5. Enlist some common indications for obtaining an ECG
6. Describe the flow of current around the heart during the cardiac cycle
7. Discuss the placement and polarity of the leads of electrocardiograph
8. Describe the normal electrocardiograms recorded from the limb leads and explain the physiological basis of the different records that are obtained
9. Define mean electrical vector (axis) of the heart and give the normal range
10. Define the mean QRS vector
11. Describe the axes of leads (hexagonal reference system)
12. Comprehend the vectorial analysis of the normal ECG
13. Determine the mean electrical axis of the ventricular QRS and appreciate the mean axis deviation
14. Explain the concepts of current of injury, J point, and their significance
Study Resources:
1. Chapter 11, Guyton and Hall Textbook of Medical Physiology, 14th edition
2. Chapter 9, Human Physiology - From Cells to Systems, Lauralee Sherwood, 9th edition
3. Chapter 29, Ganong’s Review of Medical Physiology, 26th edition
4. Electrocardiogram, StatPearls - https://www.ncbi.nlm.nih.gov/books/NBK549803/
5. ECG in Medical Practice by ABM Abdullah, 4th edition
6. Chapter 3, Cardiology Explained, https://www.ncbi.nlm.nih.gov/books/NBK2214/
7. ECG Basics, http://www.nataliescasebook.com/tag/e-c-g-basics
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The Appellant!(19) 2 Benifit
- 1. The appellant, a grocer, sold compounded asafoetida in sealed tins received from a licenced manufacturer. The appellant stored it properly and sold it in the same slate as he purchased it. The Food Inspector took sample of 100 gms., instead of 200 gms. as provided by rule 22. On analysis it was found that alcoholic content was less than the minimum prescribed and therefore, the compounded asafoetida was adulterated. The Trial Court acquitted the appellant. On appeal by the State. the High ,Court convicted the appellant and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. On appeal to this Court the appellant contended that he was protected by section 19(2) (a) (i) because he purchased the compounded asafoetida from a duly licensed manufacturer and sold it in the same state as he purchased it. The appellant contended that the words "written warranty in the prescribed form" attached only to section 19 (2) (a) (ii) and not s. 19 (2) (a) (i). The appellant also ,contended that since instead of 200 gms. as required by rule 22 the Food Ins- pector took only 100 gms. as the sample he was entitled to be acquitted. HELD : (i) It follows from rule 12A that the manufacturer has to print a label containing a warranty. Warranty is required by cases covered under section 19(2)(a)(i) and 19(2)(a) (ii). Otherwise adulterated goods could be sold with impunity. These salutary provisions are designed for the health of the nation. No laxity should be permitted. [889A- D] Andhra Pradesh Grain & Seed Merchants' Association etc. etc. v. Union of India & Anr. [1971] 1 S.C.R. 166. explained. (ii) The Public Analyst did not have the quantities mentioned in the rules for analysis. The non-compliance with the quantity to be supplied caused not only infraction of the provisions but also injustice. The shortage in quantity for analysis is not permitted by the statute. The High Court was in error in convicting the appellant on analysis which was not in compliance with the provisions of the Statute. [889F-H] Extract: Rajal Das Guru Namal Pamanani VS. The State Of Maharashtra PETITIONER: RAJAL DAS GURU NAMAL PAMANANI Vs. RESPONDENT: THE STATE OF MAHARASHTRA DATE OF JUDGMENT03/12/1974 BENCH: RAY, A.N. (CJ)
- 2. BENCH: RAY, A.N. (CJ) REDDY, P. JAGANMOHAN KHANNA, HANS RAJ GOSWAMI, P.K. CITATION: 1975 AIR 189 1975 SCR (2) 886 1975 SCC (3) 375 CITATOR INFO : RF 1977 SC2182 (2) O 1978 SC 933 (1,6,11,13,16,17) R 1980 SC 126 (1,2,3,5) RF 1980 SC 360 (20A) RF 1981 SC1169 (1,4) ACT: Prevention of Food Adulteration Act, 1954, Section 19(2)- Warranty-Prevention o...