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1978 Supreme(Guj) 20

A.D.DESAI, A.M.AHMADI
MARTAND BALVANT RISALDAR – Appellant
Versus
CHHAGANLAL AMBALAL GANDHI – Respondent


Advocates Appeared: J.M.PANCHAL, K.S.NANAVATI, V.M.CHOKSI

A. D. DESAI, A. M. AHMADI, J.

( 1 ) THIS group of 4 appeals have been referred to the Division Bench as they involve a question of interpretation of Rule 9 (j) of the Prevention of Food Adulteration Rules 1955 (hereinafter referred to as the Rules ). As the question is one of interpretation of the said rule the facts of the cases need not be stated.

( 2 ) THE Prevention of Food Adulteration Act 1954 came into force on June 1 1955 There was no provision in the said Act or the Rules framed thereunder requiring the Food Inspector or any other authority to send a copy of the report of the Public Analyst to the person from whom the sample was taken. Under sec. 10 of the Food Adulteration Act 1954 (hereinafter referred to as the Act) and Rule 9 framed thereunder a Food Inspector had only a duty to send a sample taken according to the provisions of law to the Public Analyst for analysis. Rule 9 of the Rules was amended by notification No. GSR 1523 dated July 8 1968 and Rule 9 (j) was added. Rule 9 (j) thus added provided that it was also a duty of the Food Inspector to send by hand or registered post a copy of the report received in Form III from the Public Analyst to the person from whom







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