CANNANORE MILK SUPPLY CO-OPERATIVE SOCIETY Vs. STATE

JUDGEMENT

(1.) CRI. P. C. No. 169 of 1956 -This is a reference by the Sessions Judge of North Malabar under the following circumstances. The accused in C. C. No. 153 of 1955 on the file of the Sub-Divisional Magistrate, Tellicherry, were prosecuted under the Madras Prevention of Adulteration Act and the Prevention of Food Adulteration Act (Central Act No. 37 of 1054) for adding water to milk. The authority who initiated the prosecution was the Sanitary Inspector of Cannanore. On the merits, as pointed out by the learned Sessions Judge there is really no case for the accused. But the point of law that has been raised before the Sessions Judge for the purpose of reference to this Court is that the prosecution has not been launched by the proper authority, that is to say, the Sanitary inspector, who has filed this prosecution is incompetent to launch this prosecution under Section 20 of the Central Act 37 of 1954. Section 20 of that Act is as follows:

(2.) RELIANCE is placed on Section 25 (2) by the prosecution in support of its argument that the Sanitary inspector may initiate prosecution. Section 25 of the Central Act is as follows:

(3.) SECTION 3 empowers local executive officer to delegate his powers. Rule 3 framed under the Madras Prevention of Adulteration Act runs thus: