GAFFAR Vs. STATE

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under Sec. 7(1) of the Prevention of Food Adulteration Act. hereinafter referred to as the Act. The applicant preferred an appeal to the court of Sessions against the judgment of the trial Magistrate which was dismissed on May 21, 1980. The applicant has now preferred this revision.

(2.) The only question argued in support of the revision in that the provisions of law contained in sub-section (2) of Sec. 13 of the Act have not been observed although the said provisions are mandatory. Sub-section (2) of Sec. 13 of the Act has two limbs. In the first place it is incumbent on the Public Health Authority to send a copy of the report of the Public Analyst to the person from whose possession the sample has been taken and to a person referred to in Sec. 14-A, if any. According to the second condition, the Local Health Authority should also send notices to the said persons informing them that they may if so desired, of any one of them may make an application to the court within a period of ten days from the date of the receipt of the copy of the report to get the sample of the article of food analysed at the Central Food Laboratory. Both these conditions are mandatory and must be complied with. Non-compliance of these conditions or any one of them would result in making the prosecution legally unsustainable. In the instant case, the Food inspector has only stated that the Public Health Authority must have sent a copy of the report of the Public Analyst to the applicant. He has no personal knowledge about this point. The prosecution has led no evidence to substantiate that the two conditions referred to above were satisfied in the instant case. In view of these omissions, the conviction of the applicant cannot be sustained and the orders passed by the courts below must be set aside.

(3.) The result is that this revision succeeds and is hereby allowed. The order of conviction passed by the Magistrate on March 12, 1980 convicting the applicant in Criminal case No. 1778 of 1978 and that of the court of appeal dated May, 21 1981 passed in Criminal Appeal No. 54 of 1980 are hereby set aside. The applicant is acquitted of the charge against him. The applicant is on bail. His bail bonds are discharged and he need not surrender. Revision allowed.