REGENT COMPUTRONICS PVT. LTD.

FOOD INSPECTOR, CANNANORE MUNICIPALITY, CANNANORE Appellant

V/S

M.GOPALAN Respondents

Referred Judgements :-

JUDGEMENT

(1.) The Food Inspector, Cannanore filled before the Judicial First Class Magistrate there, a complaint against two persons for offences punishable under S.16(1a) and (ii) read with S. 2(1a) and (m) and Rules 44 and 50 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and the Rules framed thereunder. Cow's milk was the food involved in the case. The first accused was convicted and sentenced, while the second one was acquitted. The appeal of the first accused was successful. The Sessions Judge upset the conviction and sentence solely on the ground that there was not a rigorous adherence to the requirements of R. 7(3) of the Rules. The factual details of the finding are : a sample was taken on 24- 11- 1981 and forwarded to the Public Analyst who received it on 26-11-1981. The report of analysis dated 23- 12- 1981 was received by the local (Health) Authority on 11-1-1982. Reckoning the period from 26-11-1981, the date of receipt of the sample by the Public Analyst stretching up to 11 -1- 1982, when the report was delivered to the Local Health Authority the period comes to 46 days. As the Rule stood at that time, the time stipulated for delivery of the report of analysis was only 45 days. Even if it be a delay of one day, according to the, Sessions Judge, it was fundamentally fatal to the prosecution.

(2.) The view was challenged in appeal. A learned Judge of this Court, who heard the appeal, noted a conflict in the views expressed by this Court on the issue. The appeal was accordingly, referred for the decision of the Division Bench.

(3.) The Division Bench, in turn, indicated desirability of an authoritative pronouncement on the question. On a reference made in that behalf, the matter has come up before the Full Bench.

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FOOD INSPECTOR CANNANORE MUNICIPALITY CANNANORE Vs. M GOPALAN

Referred Judgements :-

JUDGEMENT

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