STATE Vs. JOTHI

JUDGEMENT

(1.) The issue referred to us for decision is as to whether the Sanitary Inspector (who is appointed as a Food Inspector under Section 9 of the Prevention of Food Adulteration Act, 1954) working in a particular division of the Municipality could validly collect the samples out of food articles and take action under the Act from another division for which he is not working as a Sanitary Inspector.

(2.) The following factual matrix will help to understand the controversy involved :-The Food Inspector, Villupuram, filed a complaint against the accused Jothi, son of Rajagopal for offences under Section 7(2) read with Section 2(ix)(j) and (k) of the Prevention of Food Adulteration Act, 1954 (hereinafter called 'the Act' for the sake of brevity). In his complaint, it was inter alia contended that on 18-12-1985 at about 12.40 p.m. the said Food Inspector inspected the Sherbet (Syrup) shop owned by the accused at Villupuram Town Bus-stand and after introducing himself to the accused, issued Form No. VI to him for taking the food sample. He purchased 750 ml. of 'Sherbet' kept for sale for Rs. 6/- and passed cash receipt. He divided the sample into three equal parts, filled them in three clean bottles, closed them with corks, sealed them with wax to avoid leakage and labelled the food samples with the necessary papers as required in Rule 15 of the Prevention of Food Adulteration Rules, 1955 (hereinafter called "the Rules" for the sake of brevity). He then wrapped the same in a strong wrapper, tied the same and pasted the paper slip on the sample bottles. He also obtained the signature of the accused on the slip and the wrapper. He prepared copies of Form No. VII and sent one of the bottles to the Public Analyst, Thanjavur through Railway parcel. It is then contended in the complaint that thereafter, he put the remaining sample bottles in a cover and handed over to the Local Health Authority. It is further contended that from the report of the Public Analyst, Thanjavur, which was received by him, it came to his knowledge that the sample was adulterated and, therefore, after obtaining the order of the Local Health Authority, he decided to file a complaint in the Court on 24-1-1986.

(3.) The accused abjured the guilt and in support of the complaint of P.W.1, the said Food Inspector was examined. The Food Inspector supported the complaint and deposed accordingly. He also proved all the other necessary documents. However, during cross-examination, he admitted as under :-