FOOD INSPECTOR PALGHAT MUNICIPALITY Vs. K M MOOSE

JUDGEMENT

(1.) This appeal has come up before us on a reference made by Bhat, J. by order dated 22-10-1982, as an important question involving the interpretation of R.7(3) of the Prevention of Food Adulteration Rules, 1955 arises for decision. The appeal is directed against an order of acquittal. The appellant is the Food Inspector, Palghat Municipality, who instituted the complaint against the respondents 1 and 2 for offence punishable under S.16(1)(a)(i) and 16 (1)(g) read with S.7(1) of the Prevention of Food Adulteration Act, 1954.

(2.) The complainant on 26-8-1978 collected for purpose of analysis a sample of 'Karimasala' from the shop of the 2nd respondent and forwarded the same to the Public Analyst. The sample was received by the Public Analyst on 31-8-1978. The Public Analyst delivered the report Ext. P9 signed by him on 9-10-1978 to the Local (Health) Authority on 31-10-1978. The result of the analysis was that the sample did not conform to the standards prescribed for curry powder under Prevention of Food Adulteration Rules, 1955 and was therefore adulterated. On the basis of the report, the appellant instituted a complaint against the respondents, the first respondent being the manufacturer as disclosed by the 2nd respondent, the vendor.

(3.) The Trial Court found that public analyst had not delivered his report within the stipulated period of forty five days provided under R.7(3) of the Prevention of Food Adulteration Rules, 1955 and, acquitted the accused on the ground that the non compliance with the mandatory provision is fatal to the prosecution.