FOOD INSPECTOR KOZHIKODE MUNICIPALITY Vs. CHAMI NAICKEN

JUDGEMENT

(1.) THIS is an appeal against an order of acquittal. The appellant, the Food Inspector of Kozhikode Municipality filed a complaint before the District Magistrate, Kozhikode against the respondent for an offence punishable under S. 16 (1) (a) (1) of the Prevention of Food Adulteration Act read with R. 50 of the Prevention of Food Adulteration Rules (Central) and R. 10 of the Kerala Prevention of Food Adulteration Rules.

(2.) THE case against the respondent was that he was trading in milk without obtaining the necessary licence from the local municipality. On 7-11-1960 the Municipality served a notice (Ext. P-1) on the respondent informing him that he should take out a licence for conducting milk trade in his place of business. On receipt of this notice, the respondent on 10-11-1960 applied for a licence. THE respondent's place of business was inspected by the Health Inspector who reported that the sanitary condition of the shed and premises was unsatisfactory and as such the licence should be refused. A notice (Ext. P3)dated 28-11-1960 refusing the licence was served on the respondent. On 28-12-1960 when the Health Inspector again inspected the respondent's place of business, the respondent was found conducting the business of selling milk without obtaining the necessary licence and without rectifying the sanitary defects pointed out to him in the notice refusing the licence. Prosecution was therefore launched against the respondent.

(3.) THE learned counsel for the respondent sought to build an argument on the difference in the wording of R. 8 relating to licence for manufacture goods for sale and R. 14 regarding licence for sale of goods. While the former specifies that licence shall be in force for a period of two years from the date mentioned therein, the latter says that it shall be in force for a period of two years at a time. As the licence in the case relates to the stocking and distribution of milk it is argued that the licence must be in force for two years from the date of issue of the licence. Though the words used in the rules are not exactly similar the purport and the meaning conveyed by both are the same, viz. , that the licence shall be in force for a period of two years at a time unless sooner suspended or cancelled - from the date specified therein -and there is nothing in the wording to warrant the interpretation that in the latter case the starting point is the date of issue of the licence. THE form prescribed for the licence in both cases is also one and the same. THE date mentioned in Ext. D-1 is 8-1-1958 and the period of two years has expired on 8-1-1960. Hence when the accused was conducting the trade without a licence on 28-121960 he acted in contravention of the rules. It is also noteworthy that the accused himself had entertained no doubt about the date of expiry of the licence and had on 10-11-1960 actually applied for a licence in pursuance of the notice served on him which happened to be refused since the sanitary conditions of the place of business was found to be unsatisfactory.