STATE Vs. BALJEET

JUDGEMENT

(1.) THIS is an appeal by the State of Uttar Pradesh against an order of the learned S.D.M. Meerut dated 27th September, 1972 dismissing a complaint by the Food Inspector against Baljeet respondent.

(2.) ON 30th October, 1971 at 8.00 A.M. at Medical College, Meerut Beljeet was found selling buffalo milk. The Food Inspector took sample of the mills, divided the same in three equal parts, packed and sealed each part and sent one of them to the Public Analyst. The Public Analyst found the sample milk to be adulterated being deficient in fatty content by about 7 percent and in non- fatty solids by 27 percent. The Food Inspector having obtained consent of the District Medical Officer of Health, Meerut for prosecution of Baljeet filed a complaint on 16th March, 1972. The learned Magistrate dismissed the complaint on the ground that the complainant had failed to appear before him inspite of several opportunities having been given to him.

(3.) THE State Government authorised the District Medical Officer of Health to institute or to give written consent for instituting prosecution in rural and urban areas within their jurisdiction including Municipal areas. It was in pursuance of this notification dated December 16, 1955 that the Food Inspector obtained the consent of the District Medical Officer of Health and the latter gave consent. It is evident, however, that the complaint was made by the Food Inspector. For all intents and purposes he was the complainant within the meaning of Section 417 (3) CrPC and as such the Food Inspector alone could file the appeal.