Friday, January 28, 2011

OIL THAT KILLS.

                                    This is my article in a monthly magazine - "THE FORECAST FRONT".Pl. go thro' it and offer your valuable comments.

Saturday, January 22, 2011

NUISANCE CREATED BY NON-RECYCLABLE PLASTIC WASTES.

                                   Nowadays, there is marked increase in the usage of "USE & THROW" disposables. While, it is very essential in the fields of medicine and surgery, it creates a lot of nuisance in the field of food related  field. Through the last two decades, plastic use & throw cups, carry bags have replaced good old glass and ever-silver utensils. 

Thursday, January 20, 2011

PFA RULINGS FOR PROSECUTION-PART III.


44
AIR 1994 S.C. 1818
Rule 7(3) is directory.
45
1987 Crl L.J. 1677
1.Milk marginally deficient in SNF but fat more than prescribed std.-milk is adulterated.
2.Scope of S.13(2-B)-mandatory only when accused is prejudicied.
46
AIR 1992 S.C. 1121
1.Appointment of Public Analyst-his jurisdiction
2.Testimony of F.I.-Corraboration by Panch witness- not necessary unless the very factum of purchase is challenged.
47
2002(1)-FAC 230-S.C.
S.10(7) – Compliance of.
48
2003(2)FAC 246-M.P.H.C.-State Vs Patiram
No rule or prudence that the evidence of F.I. should be corroborated by Ind. Witness.
49
2003(2)FAC-Ker.H.C.-
 F.I. Vs Narayanan
S.10(7)- employee of the shop who was called as witness is an Ind. Witness.
50
2003(2) FAC-75-Ker.H.C.- N.C.George Vs State & other
S.16(1)(C)-Preventing F.I. from taking F.S.- - reg.
51
2000(2) FAC-161. Orissa H.C
Petitioners refused to accept the notice and closed the shop, and that such conduct of the petitioners amounts to preventing F.I. from taking sample.
52
AIR 1962(All)517
Notice of intention to take sample – it is enough if it is served to the person from whom the sample was taken.
53
2000(2) FAC-109. MAD. H.C
Since milk was sold without any indication of quality- the std. for buffalo milk would apply.
54
S.C.-2003(2) FAC –343-D.L.Chatterjee Vs Kailashpati Oil Mill & others
Sanction- fresh sanction- not necessary at post institutional stage based on subsequent report.
55
MAD.H.C-1984-L.W.(Crl)244
“Institution”-meaning – date on which cognizance of offence is taken by the court, relevant, not the date of the occerrence.
56
MAD. H.C. – 2002(1) FAC 1
Delay in prosecution – prejudice to accused - reg
57
S.C. – 2002 (1) FAC 230
A)No std. Fixed for ‘Boiled Milk’
B)S.10(7) – compliance reg.
58
Guj. H.C.-2007 Crl.L.J.1117
13(2) notice not necessary for ‘Misbranded” samples.

59
A.P.H.C.2007 Crl.L.J.2469
i)Label itself is a warranty.
ii)R.32(e) – not ultravires. (Ref.S.No.15 )

Tuesday, January 18, 2011

HIGH COURT COUNTER FOR FOOD ADULTERATION CASE.


                                     IN THE HIGH COURT OF JUDICATURE, MADRAS
(MADURAI BENCH)

                                                              Crl.O.P.No. 11867 of 2009

                                           in

                                                                     S.T.C.No.4192/ 2009

ON THE FILE OF LEARNED JUDICIAL MAGISTRATE No.IV, TIRUNELVELI.

Saturday, January 15, 2011

PFA RULINGS IN FAVOUR OF PROSECUTION -PART-II

20
P&H  H.C-2001(2) FAC 218
It was the duty of vendor to have stirred the milk & homogenized it before giving sample.

21
S.C.- 2002(2) FAC 105
Curd – in the absence of any explanation- curd to be treated as prepared from B.Milk.
22
S.C. 2002(2) FAC 81
Minimum sentence prescribed cannot be reduced.
23
Gujarat H.C.-2002(2) FAC 27
Suitable containers – application of mind-it is for the accused to keep the food clean.

24
Bombay H.C.-2003 FAJ 156& Also in        2002 FAC 44
S.17(2)-Filing of nomination at manufacturing place not enough.
25
M.P. H.C- 1992(2) FAC 232
1)Delay in Prosecution- Accused not opted for sending sample to CFL-Petitioner  cannot contend that he is prejudicied.
2)Panch witness turned hostile-testimony of the F.I. to be relied.
26
Punjab H.C-1992(2) FAC272
Sale to F.I. is a sale.
27
M.P. H.C- 1992(2) FAC 85
Non-compliance of R.9(a) is not fatal
28
M.P. H.C- 1992(2) FAC 276
Sale to F.I.-Neither the Prop. Nor the servant made any statement to F.I. that  sample was taken from the stock of the customers-defence version  only an after thought.
29
MAD.H.C-1984 L.W.Crl.244
Institution-meaning-date of cognizance, relevant- not date of occurrence.
30
S.C.-M.L.J(Crl) 2000-P.828
CFL report supersedes-Proceeding to continue without fresh consent.
31
S.C.-Mad. L.J.(Crl)-2000-P.48
S.311 Cr.P.C. can be invoked at any stage of trial
32
S.C.-A.I.R.-1992.S.C.1121
Corroboration of Ind. Witness not necessary.
33
G.O.880.Dt.13.03.58 Health
Declaration of Local Area
34
G.O.Ms.No.235/Health/3.2.65
Local Authority – Defn.
35

G.O.Ms.No.2722/H&FW/19.10.76

Appointment of LHA
36

Lr.No.133859/PFA/03Dt.1.12.03

LHA in Mplts. Without H.O. & in absence of H.O.
37

Lr.R.No.7300/04/J4/9.3.04/CMA

                        -do-
38

G.O.(3D)No.17 Dt.14.2.94/Home

A.P.P. to conduct PFA Cases
40

G.O. No.3591,Health,Education &L.Admn Dept(Health) /26.11.55

Appointment of F.I. in Municipalities.
41

G.O.146/H&FW Dept./31.7.02

Appointment of F.I. – Amendment.
42
AIR 1975 S.C.1309
1.S.20A-Power of court to implead manufacturer
2.Distributor can be prosecuted U/s.7,14&2(xiii)
3.Joint trial of vendor &distributor or manufacturer. Distributor or manufacturer can be joined as co-accused.
43
1996 Crl .L.J. 424
Joint trial of vendor, distributor permissible.

Friday, January 14, 2011

HAVE YOU EVER NOTED THEM?

GREEN LOGO  
                                   NOWADAYS, PACKAGED FOOD FINDS ITS PLACE IN DEPARTMENTAL STORES' SHELVES. CONSUMERS PREFER PACKAGED FOOD INSTEAD OF GOODS SOLD FROM OPENED CONTAINERS OR BAGS. HAVE YOU EVER NOTED THE MANDATORY DECLARATIONS ON THE LABEL OF THE PACKAGED FOODS? WHAT SHOULD WE SEE!

Monday, January 10, 2011

PFA RULINGS IN FAVOUR OF PROSECUTION-PART-I

1

A.P. H.C.-2003 Crl.L.J.2797

S.16-A-Summary trial of case-reg.
2
Delhi H.C. 2002-Crl.L.J.3529
S.16(1-A)-warrant procedure-reg.
3
Madras H.C 1987 LW Crl 342
Institution-not taking cognizance.
4
P&H H.C.-2000(2) FAC 235
Non.examn of Ind.witnes-not fatal
5
All.H.C-1988 Crl.L.J-1245
S.10(7)-F.I. should call-not necessary to examine such witness
S.20-Application of mind-reg.
6
M.P H.C-1990(2)FAC 227
F.I-not corroborated by other witnesses-acquittal cannot be upheld.
Sentence-it is now open to the Court impose lesser punishment.
7
P&H H.C. FAC 1992(1) -121
Stirring of milk not mentioned in complaint- held no particular from prescribed for Crl.Complaint.
8
MAD. H.C-FAC 1992(1)-107
Polythene bag suitable container.
9
H. P.  H.C-FAC1992(1)-145
Neither the Act nor the Rule define ‘other suitable container’
10
MAD. H.C.-FAC 1992(1)-305
No mens rea need be proved.
11
S.C. –1996(2) L.W.Crl.502
Qualification of F.I. can’t be challenged in collateral proceeding
12
S.C.- Recent Crl.Reports-817
S.20A-impleading manufacturers-necessary conditions to implead
13
GUJ. H.C.-1999(1) FAC-243
S.14&19(2)-it is for the vendor to prove that he purchased the article with warranty.
R.14 to 18-it is enough that F.I deposes that he followed. Panch witness corroboration not necessary
14
Orissa H.C-1999 Crl. L.J-1191
Delay in prosecution-petitioners themselves causing delay in filing requisites to send the sample to CFL-Proceedings could not be quashed.
15
  P&H H.C.-2001(2) FAC 110
Validity of R.32(e) & (f)    (Ref. S.No. 59 also)
16
Gujarat H.C.-2001(2) FAC 134
1.Law does not require that bottles should be sterilized
2. Sanctioning authority may prescribe form for  sanction.
17
Orissa H.C.-2001(2) FAC 159
S.10(7)-Ind. Witness not examined –F.I. has no power to compel a witness to be present.
18
Bombay H.C-2001(2)FAC 190

Sentence cannot be reduced.

19
Rajasthan H.C-2001(2)FAC 194

Sale to F.I. is a sale.

THE UNFOLDING NEW ERA.



                               GOVERNMENT OF INDIA IS KEEN TO IMPLEMENT THE "FOOD SAFETY AND STANDARDS ACT". 

Sunday, January 9, 2011

TRAINING PROGRAM FOR FOOD SAFETY OFFICERS

PROCEEDINGS IN THE TRAINING OF TRAINERS PROGRAM OF SOUTHERN STATES’ FOOD SAFETY OFFICERS AT CHENNAI.
                        The Central Government is keenly taking steps to implement the Food Safety and Standards Act, 2006. In an effort in that way, the Food Safety and Standards Authority of India has organized a five days Training of Trainers Program for Food Safety Officers of Southern states viz. Tamilnadu, Karnataka, Kerala, AndhraPradesh, Pondichery and Andaman and Nicobar Island. 

Saturday, January 8, 2011

GROUNDNUT


                                   Groundnut is a good nutritious food to be taken as a evening chat. It got its name as it is reaped from the roots of the (groundnut) plant. It has its origin at Mexico, South & Central America and found its way to the other parts of the world.