1976 CRI. L. J. 1665 ::1976 JabLJ 669 ::1976 MPLJ 421 ::1976 (2) FAC 126

Madhya Pradesh High Court

Hon'ble Judge(s): A. P. Sen, R. K. Tankha , JJ

(A) Prevention of Food Adulteration Act (37 of 1954) , S.19(2)(i)— Prevention of Food Adulteration Rules (1955) , R.12A Proviso— Plea of Warranty - Samples of Mustard oil bought from out of sealed tins bearing manufacturer's label guaranteeing purity - Vendor held protected under S.19(2) by reason of proviso to R.12A. 1975 Cri LJ 254 (SC), Rel. on. (Para 8) (B) Prevention of Food Adulteration Act (37 of 1954) , S.16, S.7— Offence under Status of commission agents selling articles to Food Inspector - They are agents upto a point of time - From the time of purchase of samples by Food Inspector the relationship between them and their suppliers is that of debtor and creditor but vis-a-vis the Food Inspector they are sellers. AIR 1938 Nag 254, Considered. Contract Act (9 of 1872) , S.182— (Para 7) .....