HAJI K K MOIDU Vs. FOOD INSPECTOR

JUDGEMENT

(1.) A short, but interesting question of law regarding the validity of a prosecution under S.16 (1) of the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954) and the scope and effect of a notification issued by the Government of Madras under S.20(1) of the same Act before the States Reorganisation Act comes up for adjudication in these cases. The facts of the cases are not in dispute and they lie within a narrow compass.

(2.) The main question that arises for consideration in all these cases is one regarding the sufficiency of the authorisation for prosecution contemplated by S.20 [1] of the Prevention of Food Adulteration Act. In Crl. R.P. Nos. 347 and 396 of 1958 the correctness of the order of remand is also questioned.

(3.) These cases arise from the erstwhile Malabar District, which was part of the Madras State prior to the formation of the Kerala State on 1st November, 1956. The Government of Madras on 20th June, 1956 published G.O. Ms. No. 1861 [Health] in the Fort St. George Gazette, which reads as follows: