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1983 Supreme(HP) 23

V.D.MISRA
STATE OF H. P. – Appellant
Versus
THAKUR DASS – Respondent


Advocates Appeared:
L.S. Panta, Dy. Advocate General, for Appellant:Om Prakash Sharma, Vice Shri Chhabil Dass, for Respondents.

JUDGEMENT

1. Whether R.9-A. Pre-vention of Food Adulteration Rules (re-ferred to as the Rules) is directory or mandatory is the question which falls for decision in a number of appeals, Rule 9-A reads : "9-A. The Local (Health) Authority shall immediately after the institution of prosecution forward a copy of the re-port of the result of analysis in Form III delivered to him under sub-rule (3) of Rule 7, by registered post or by hand as may be appropriate to the person from whom the sample of the article was taken by the Food Inspector, and simultaneously also to the person, if any, whose name, address and other particu-lars have been disclosed under S.14-A of the Act: Provided that where the sample con-forms to the provisions of the Act or the Rules made thereunder and no prosecu-tion is intended under sub-sec.(2E) of S.13 of the Act, the Local (Health) Au-thority shall intimate the result to the vendor from whom the sample has been taken and also to the person, whose name, address and particulars have been disclosed under S.14-A of the Act, within 10 days from the receipt of the report from the Public Analyst."

2. The respondents have been acquit-ted by the courts below on the grou













































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