PRABHU DAYAL Vs. STATE

JUDGEMENT

(1.) This is a petition in revision filed by Shri Prabhu Dayal. The Petitioner was convicted and awarded the sentence of six months' rigorous imprisonment and a fine of Rupees one thousand Under Sec. 7/16 Prevention of Food Adulteration Act.

(2.) One of the grounds raised in this petition is that the orders of the courts below are liable to be set aside on the ground that the public analyst and the Food Inspector who took action in this case were not duly appointed as such under the Prevention of Food Adulteration Amendment Act (Act No. 49 of 1964) and they did not have the authority to perform duties of their respective offices in respect of an occurrence which was alleged to have taken place after Act No. 49 of 1964 had come into force.

(3.) I granted time to Mr. B.C. Saxena Learned Counsel for the Respondent to find out and inform me if any notification regarding the appointment of the persons concerned was made under the amended Act. Mr. Saxena, however, informed me that no such notification under the amended Act was made. I have, therefore, to assume that the Public Analyst and the Food Inspector who took action in the instant case were officers who were appointed under the unamended Prevention of Food Adulteration Act and were not appointed under the Prevention of Food Adulteration Amendment Act No. 49 of 1964.