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1983 Supreme(Ker) 40

U.L.BHAT
State Of Kerala – Appellant
Versus
N. Soman – Respondent


Judgment :-

The Food Inspector, Kallara panchayat in Nedumangad Circle, inspected a provision shop in building No. C-3 1099(2) adjoining a ration shop, A.R.D. 181 and situated within the limits of Kallara Panchayat, on 29-1-1981 at 1.30 p.m. and proceeded to purchase a sample of cumin seeds exhibited in the shop for sale, in accordance with the provisions of law. The accused sold the sample to the Food Inspector and after dealing with the sample in accordance with law, Ext. P-4 mahazar was prepared and got signed by the accused and the witnesses. One of the sample was sent to the Public Analyst for analysis and the rest sent to the Local Health Authority. The Public Analyst in Ext. P-7 report stated that the sample contained 78.2% cumin seeds, 13.5% of non-edible seeds and 8.3% of extraneous matter, including dust, stones, lumps of earth, chaff, etc. and therefore the sample did not conform to the standard prescribed for cumin seeds under item A.05.09 of Appendix B of the Prevention of Food Adulteration Rules (for short the 'Rules'). The Food Inspector laid the complaint against the accused for offences under Section 7(i) read with Section 16(i)(a)(i) of the Prevention of Food Adul




















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