FOOD INSPECTOR Vs. MOIDOO

JUDGEMENT

(1.) 'New Mahe'is the name of a Panchayat comprising areas which once formed portions of two other Panchayats (Chokli and kodiyeri ). New Mahe was formed in 1982. The accused in this case is conducting a cool bar at New Mahe. On 14-1-1983, a food inspector (appointed by Government in 1978 for the local area called'tellicherry Circle'consisting of a few panchayats including Chokli and Kodiyeri) took sample of ice candy from the cool bar of the accused. The sample was found to be adulterated on analysts. Accused was convicted for the offence under S. 16 (1) (a) (i) of the prevention of Food Adulteration Act (for short'the Act') and sentenced to rigorous imprisonment for six months and to pay a fine of rs. 1,000. The Sessions Judge, in appeal, took the view that the sampling is unsupportable in law since the food inspector who took the sample was not appointed to exercise powers in the New Mahe Panchayat. Accordingly, the conviction and sentence were set aside. Hence this appeal.

(2.) THE food inspector (P. W. 1) purchased 750 grams of ice candy from the accused. Form VI notice was given to him intimating that the sample would be sent for analysis. A cash receipt was issued by the accused for the price paid by P. W. 1. Sample was divided into three parts as provided by law and Ext. P4 mahazar was drawn up by P. W. 1 which was signed by two witnesses. When one of the parts of the sample was analysed by the Public Analyst, it was revealed that the sample did not conform to the standard prescribed for ice candy and it contained artificial sweetener saccharine and dulcin. During trial, one of the other parts of the sample was sent to the Director of the central Food Laboratory, at the instance of the accused. Ext. P25 is the certificate of analysis issued by the Director of Central Food Laboratory. It shows that the sample contained artificial sweetener identified as saccharine.

(3.) S. 9 of the Act empowers the Government to appoint such persons as it thinks fit to be food inspectors, for such'local areas'as may be assigned to them. S. 2 (VII) defines'local area'as'any area whether urban or rural declared by the Central government or the State Government by notification in the official gazette to be a local area for the purposes of this Act'. For declaring a local area, Government may adopt convenient expressions either is to include places,with reference to their names. If the name of a particular locality is changed for any reason whatsoever, it is no reason to conclude that the local area declared under S. 9 of the act would become short of that locality. In 1978, Government declared a particular area consisting of some named panchayats to be the local area and called it "tellicherry Circle". Those panchayats were then known by the respective names indicated in notification. The local area thus declared is altered by the Government through another notification issued under S. 9 of the act, even if some of the localities may attain different names in the meanwhile. A panchayat area is formed as per the provisions of the Kerala panchayats Act for the purposes of that Act If boundaries of an existing panchayat are altered or if any new panchayat is formed by carving out areas from existing panchayats, that cannot automatically affect or impair the local area declared by the State Government under S. 9 of the Act. Of course, it is open to the Government to exclude the newly formed panchayats from the local area defined in the notification issued under the said Section. If it is not so excluded, the local area will continue to embrance the geographical territories included in the newly formed panchayat or municipality.