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november 1978

Supreme Court of India · 1978-11-21

SAMBHU DAYAL vs STATE OF U.P.

Citation / case number
SC 1972/60193
Court
Supreme Court of India
Petitioner
SAMBHU DAYAL
Respondent
STATE OF U.P.
Bench
KAILASAM, P.S.

Judgment text excerpt

The Supreme Court upheld the conviction under Section 8 read with Section 16 of the Prevention of Food Adulteration Act, 1950, affirming that the amended Sections 8 and 9 do not repeal the original provisions but rather coexist with them. The Court clarified that the appointments of Public Analysts and Food Inspectors made prior to the amendment remain valid. The argument regarding adverse inference due to the analysis of milk after 44 days was rejected, as evidence showed that formalin was added as a preservative, maintaining the integrity of the sample for analysis.

SAMBHU DAYAL vs STATE OF U.P. · Niyam