STATE OF KERALA Vs. SUNDER RAJ

JUDGEMENT

(1.) The appeal is filed by the State against the judgment of the Judicial Magistrate of the First Class, Perumbavoor in S.T. 378/78. Food Inspector attached to Perumbavoor Municipality filed complaint alleging offences under S.2(l)(a) and 7 read with S.16(1)(a) (i) of the Prevention of Food Adulteration Act, 1954.

(2.) The learned counsel appearing for the respondents has raised preliminary objection that the appeal itself is not maintainable at it has been filed by the State and not by the Food Inspector. Admittedly, Food Inspector is the complainant. It was he, who initiated the complaint. As the appeal was allowed reversing the conviction entered against the appellant by the Trial Court, Food Inspector ought to have filed the appeal instead of the appeal being filed by the State of Kerala. Under S.378(4) Cr. P. C, it is for the complainant to apply for special leave to appeal from the order of acquittal. As the Food Inspector is the complainant it is for him to file the appeal by getting sanction for special leave. Under S.378(1) Cr. P. C. the State Government may direct the Public Prosecutor to appeal to the High Court from an order of acquittal. But in the ease in hand, the Public Prosecutor has signed the appeal memorandum but no vakalath or memo of appearance is seen filed on behalf of the complainant. As the appeal has not been filed by the Food Inspector, the complainant it has to be held that it is not maintainable. Preliminary objection raised by the counsel for the respondents deserves acceptance. As the appeal is found to be not maintainable, it is not necessary to consider the merits of the case raised in the appeal.