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.