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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAMIT GOPAL
Pancham Singh Chauhan – Appellant
Versus
State of U.P. – Respondent
Key Points: - The court acquitted the revisionist due to lack of consideration of natural causes for milk fat deficiency in paneer (!) (!) (!) . - Standards for paneer under Appendix B to the PF Act require milk fat not less than 50% on dry weight and moisture not more than 70% (!) (!) (!) . - The proviso to Section 2(ia)(m) provides an exception where deficiency is solely due to natural causes and beyond human control, meaning such article shall not be adulterated (!) (!) (!) . - The Public Analyst report showed milk fat 35.8% and moisture 77.6%, but there was no analysis of whether deficiencies were due to natural causes (!) (!) . - Trial and appellate courts failed to address the proviso and natural-cause deficiency issue, impacting the validity of conviction (!) (!) (!) . - The Court set aside lower court judgments and acquitted the revisionist, noting prosecution based on inadequately examined standards and natural-cause defense (!) (!) . - The opinion cites Bhattacharjee Mahasya case as authority on proviso applicability, but applies it to acquit here due to lack of evidence on natural causes (!) . - The trial records included sample collection, public analyst testing, sanctioning, and charge framing under PF Act sections 7/16 (!) (!) (!) . - The consumer shop context and "petty shop owner" language indicate misapplication of standards to a minor offense absent natural-cause justification (!) . - Final directive: acquittal of the revisionist and transmission of records for compliance (!) (!) .
| Table of Content |
|---|
| 1. factual background of the case. (Para 3 , 5) |
| 2. arguments regarding the adulteration standards. (Para 6 , 7 , 8) |
| 3. court's analysis of procedural deficiencies. (Para 9) |
| 4. ratios establishing the court's decision. (Para 10) |
| 5. conclusion and directions issued by the court. (Para 11 , 12) |
JUDGMENT :
Samit Gopal, J.
1. List revised.
2. Heard Sri Anurag Pandey holding brief of Sri Sudarshan Singh, learned counsel for the revisionist, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.
3. The present revision under Sections 397 /401 Cr.P.C. has been preferred by the revisionist-Pancham Singh Chauhan against the judgement and order dated 31.05.2018 passed by Additional Sessions Judge/Special Judge, SC/ST Act, Chandauli in Criminal Appeal No.03 of 2014 ( Pancham Singh Chauhan Vs. State of U.P. ) wherein the said appeal has been dismissed and the judgement & order of the trial court has been affirmed and further against the judgement and order dated 25.01.2014 passed by Chief Judicial Magistrate, Chandauli in Case No.460 of 2011 ( State Vs. Pancham Singh Chauhan ) whereby the accused-revisionist has been convicted and sentenced for off
Prosecution for food adulteration requires clear evidence establishing standards and consideration of natural causes for deficiencies; failure to address these issues invalidates the conviction.
The central legal point established is that for an offence of food adulteration under the Prevention of Food Adulteration Act, 1954, it must be proven that the quality or purity of the article falls ....
Criminal liability for food adulteration requires evidence of intent; marginal deviations due to natural causes do not justify conviction or prosecution.
Proper sampling procedures under Section 11 of the Act are vital for establishing food adulteration.
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....
Testing the sample in a laboratory defined under Section 23(1-A)(ee) of the Prevention of Food Adulteration Act, 1954 is essential for a successful prosecution.
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