PARMESHWAR PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This revision arises out of the judgment and order dated 8.7.1982 passed by the Second Additional Sessions Judge, Varanasi, in Criminal Appeal No. 21 of 1982 confirming the judgment and order dated 4.1.1982 passed by the Addl. Chief Judicial Magistrate, Varanasi, In Criminal case No. 960 of 1981 whereby which he convicted the revisionist under Section 7/16 of the Prevention of Food Adulteration Act to undergo R.I. for six months and to pay a fine of Rs. 1.000/- either to R.I. for three months.

(2.) Learned Counsel for the revisionist has submitted that no sanction was accorded by the competent authority and hence the prosecution is bad in law and accordingly conviction and sentence should be quashed.

(3.) Under Section 20 of the Prevention of Food Adulteration Act written consent is required by the Central Government or State Government or a person authorised in this behalf by general or specific order. In the instant case sanction of the Chief Medical Officer was obtained as local health authority as he was declared to be Incharge of health administration under the said Act for the whole of the district under Notification No. 6000/XVI-X-722-55. dated 18.9.1976 which was published in the U.P. Gazette part-IA, dated 13.11.1976. The learned Counsel has referred another notification being No. 6001 and submitted that under Section 20 of the Prevention of Food Adulteration Act, 1954 Nagar Swasthya Adhikaris of the respective Nagar Mahapalikas were authorised to accord sanction to the Prosecution of the offences committed within five Nagar Mahapalikas of Lucknow, Varanasi, Allahabad, Kanpur and Agra. He has produced copies of the relevant gazette to support his contention.