BHAGWANDAS GURNOMAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been referred to us by our learned brother Surti J. for answering the following four questions :

(2.) Sec. 11 of the Act deals with the procedure to be followed by the Food Inspectors. In clause (1) it provides that when a food inspector takes a sample of food for analysis he shall

(3.) This rule which specifically deals with the analysis of food samples when the party exercised its right under special provision of sec. 13(2) of the Act or when under rule 8 the specified authority authorised by the Central Government sends such sample for analysis. Rule 4(1) provides that such sample for analysis would be sent through a messenger or by registered post in sealed packet with the memorandum in Form I in outer cover addressed to the Director. Sub-clause (2) only provides for marking of distinguishing number both on the container and the outer cover of the packet. Rule 4(3) which is material for our purpose and which has to be construed in terms provides that a copy of the memorandum and a specimen impression of the seal used to seal the container and the cover shall be sent separately by registered post to the Director. If therefore sec. 13(2) itself provides that the food sample part shall be despatched under Its own seal it is obvious that under rule 4(3) the Court would have to send along with a copy of the memorandum a specimen impression of the seal used by the Court to seal the container and the outer cover. That Is why rule 4(4) provides that on receipt of the packet it shall be opened either by the Director or by an officer authorised who shall record the condition of the seal on the container. Rule 4(4) has instrinsic evidence at essentially it is the condition on the of the inner seal on the container which is considered as substantial requirement of rule 4 because it is the container which contains sample part sent for analysis to the Director and the outer covering only carries the additional paper seal. The outer convering may be damaged in transit by registered post or may be lost or tampered with. And that is why essentially the inner seal on the container itself is required to be specifically examined and its condition noted by the Director under rule 4(4). That is why the prescribed form requires the Director in clause (2) to note the condition of the seal on the container and the outer covering at the time of receipt.