S.C.DESAI Vs. PARSHOTAMBHAI JADAVBHAI MONPARA

JUDGEMENT

(1.) This Appeal is filed by the appellant, who is Food Inspector of Surat Municipal Corporation, under Sec. 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order of acquittal recorded by the learned Judicial Magistrate First Class, Municipal Court, Surat dtd. 31/7/2006 in PFA Case No.5 of 2005 whereby the respondent - accused came to be acquitted of the charge punishable under Sec. 7(3) and (16) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act, 1954') for breach of Rule 50 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as 'the Rules, 1955') and Rule 5 of the Gujarat Prevention of Food Adulteration Rules, 1961 (hereinafter referred to as 'the Rules, 1961'), giving benefit of doubt to the respondent - accused.

(2.) According to the case of the complainant before the Court, the complainant is appointed as Food Inspector as per the provisions made in 'the Act, 1954' and is authorized to inquire into /investigate within the limit of Corporation of the premises dealing with food articles and take sample or see that provisions of 'the Act, 1954', and Rules are being followed or not. He is also authorized to take sample of food article, send it to the Public Analyst, Surat Municipal Corporation and perform other duties as assigned to him by the Local Health Authority.

(3.) Heard Mr. Kaushal Pandya, learned advocate for the appellant. According to his submission, not only the Food Inspector's duty is to draw a sample but he can verify and ascertain whether any license, if required for a person, who is dealing in food article is there or not. He has further submitted that it is not necessary that while examining there is any license possessed by a person as required under the Act and Rules, to draw the sample of any food article and /or to conduct both the things together, if, Food Inspector, at the the time of visit, finds that a person is dealing with manufacture, sale, etc. of food articles without any license, as required under 'the Act, 1954' and the Rules, he can straightaway examine that and verify the same. There is a prohibition to manufacture, sale or store for sale etc. of food article without license as required under the provisions of applicable law, and therefore, it is also as a part of duty of the Food Inspector to ask for the same. It is not necessary for him, always, to draw the sample of food article to lend assurance to his official duty.