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Corporation of Madras, Represented by Food Inspector Vs. K.K. Kunju Mohamed Hajee - Court Judgment

LegalCrystal Citation
SubjectFood Adulteration
CourtChennai High Court
Decided On
Reported in(1971)1MLJ494
AppellantCorporation of Madras, Represented by Food Inspector
RespondentK.K. Kunju Mohamed Hajee
Excerpt:
- - but the requirements of law have got to be satisfied and therefore i am remanding the same for fresh enquiry or trial......mudaliyar, j.1. the learned chief presidency magistrate erred in overlooking the requirement of rule 34 read with rule 42 of the prevention of food adulteration rules. m.o. 2 does not really indicate a label on which the declaration as required by rule 42 read with rule 34 is made. prima facie, it would appear that there is no misleading expression within the meaning of rule a. 08, order 3. (coffee chicory mixtures) in fact, the learned counsel for the respondent-accused was justified in contending that the said rule has been complied with fully; nor is any complaint made for the breach of the said rule by the learned counsel for the petitioner. the offence is highly technical and it savours of a mere technicality. but the requirements of law have got to be satisfied and therefore i.....
Judgment:
ORDER

K.N. Mudaliyar, J.

1. The learned Chief Presidency Magistrate erred in overlooking the requirement of Rule 34 read with Rule 42 of the Prevention of Food Adulteration Rules. M.O. 2 does not really indicate a label on which the declaration as required by Rule 42 read with Rule 34 is made. Prima facie, it would appear that there is no misleading expression within the meaning of rule A. 08, Order 3. (coffee chicory mixtures) In fact, the learned Counsel for the respondent-accused was justified in contending that the said rule has been complied with fully; nor is any complaint made for the breach of the said rule by the learned Counsel for the petitioner. The offence is highly technical and it savours of a mere technicality. But the requirements of law have got to be satisfied and therefore I am remanding the same for fresh enquiry or trial.


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