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1986 Supreme(Gau) 66

K.LAHIRI
State of Assam – Appellant
Versus
Amrit Lal Ghose – Respondent


Advocates Appeared:
U.Baruah, C.R.De, B.Sarma, A.C.Sarma

This is an appeal from an order of acquittal passed by the Sessions Judge, Cachar, at Silchar whereby he has acquitted the accused of the charges u/s. 7/16 of the Prevention of Food Adul­teration Act, 1954, for short, "the Act".

2. Way back on 27.6.77 the Food Inspector came to the shop of the respondent took samples of "Dahi" and "Bundiya" for analysis and sent the samples to the Public Analyst for ana­lysis and report. The respondent was owner-cum-employee-cum-cook of the stall. It appears from the record of the case that he did not know English so his statement was recorded in the local language in which he could just put his signature. The respondent is aged around 73 years. After the Food Inspector had taken the samples, he sent one part of the sample contai­ning the signature of the accused to the public Analyst. The memorandum with the specimen impression of the teal were also sent to the public Analyst for comparison, as required under the provisions of "the Act" and "the Rules". The Public Analyit reported that the standard of the quality of "Dahi" was within the limits prescribed by the Prevention of Food Adulteration Ru­les, 1955, for short 'the Rules' read with Appendix-





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