FOOD INSPECTOR, KASARAGOD CIRCLE Vs. K. SANKARA MOOLYA

JUDGEMENT

(1.) In S.T.C. No. 379 of 1979 the Judicial First Class Magistrate, Kasaragod acquitted the accused by judgment, dtd. 13/2/1981. The case was instituted on the complaint of the Food Inspector, Kasaragod Circle, for offences punishable under the Prevention of Food Adulteration Act in having exposed for sale and sold adulterated toor dhal on 17/1/1979. Against the acquittal the Public Prosecutor filed application for special leave to file appeal on 20/8/1981. Leave was granted on 6/4/1982. The appeal was also filed by the Public Prosecutor and not by the complainant. The preliminary objection is that the special leave application and the appeal are in competent on account of the fact that the Public Prosecutor was not competent to do so.

(2.) S.378 of the Code of Criminal Procedure reads as follows:

(3.) S.2(d) of the Code of Criminal Procedure defines complaint: