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ANUBHA RAWAT CHOUDHARY
Tara Pado Modak, Son of late Hari Pado Modak – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Shekhar Prasad Sinha, learned counsel appearing on behalf of the petitioner.
2. Heard Mr. Bishambhar Shastri, learned counsel appearing on behalf of the opposite party - State.
3. This petition has been filed against the judgment and order dated 23.02.2012 passed in Cr. Appeal No.132/2008 by learned Sessions Judge, Dhanbad, in connection with P.F.A. Case No.09/1994/ T.R. No.935/2008 whereby the judgment and order of conviction and sentence dated 19.05.2008 passed by learned Sub- Divisional Judicial Magistrate, Dhanbad, has been affirmed.
The petitioner was convicted by the learned trial court for the offence under Section 16 (1)(a)(c) of the Prevention of Food Adulteration Act, 1854 and was sentenced to undergo S.I. for one year and fine of Rs.1,000/- and in default of payment of fine, further to undergo S.I. for 2 months.
Arguments of the Petitioner
4. Learned counsel for the petitioner while assailing the impugned judgments has submitted that the impugned judgments are perverse in view of the fact that the petitioner was not the owner of the shop from which the alleged adulterated food has been collected by the Food Inspector. He also submits that Exhibit-B was pro
The court emphasized the compliance with the provisions of the Prevention of Food Adulteration Act, 1954, and the Rules, and discussed the applicability of the FSS Act, highlighting the imposition of....
The central legal point established in the judgment is the importance of adhering to the prescribed standards and procedural requirements under the Prevention of Food Adulteration Act, 1954, and the ....
The defence of bona fide purchasers under Section 19 (2) of the Prevention of Food Adulteration Act, 1954, is available only if the accused proves that they purchased the adulterated food from a duly....
The main legal point established is the application of legal provisions related to evidence, presumption, and the applicability of amended laws to the case.
The judgment emphasized the importance of placing all relevant materials before the sanctioning authority, the liability of individuals in a proprietorship concern, and the sufficiency of evidence in....
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