MUNICIPAL BOARD LUCKNOW Vs. RAM AUTAR

JUDGEMENT

(1.) This is an appeal filed under Section 417(3) Cr. P. C. against an order of acquittal passed by Sri A. C. Bansal, Additional Sessions Judge Lucknow, acquitting the opposite party who was convicted under Section 7/16 of the Prevention of Food Adulteration Act (Act 37 of 1954), by a Magistrate.

(2.) Briefly stated the facts of the case are as follows: Ram Autar, opposite party, was prosecuted by the Municipal Board, Lucknow, through its Medical Officer of Health for selling adulterated Alsi oil on 10-10-1955, to the Food Inspector Sri O. P. Mehrotra. The trial court found the charge proved against the opposite party and convicted him under Section 7 of the Prevention of Food Adulteration Act of 1954 and sentenced him to pay a fine of Rs. 600/- in default to undergo simple imprisonment for a period of three months. The opposite party went up in appeal and the learned Additional Sessions judge came to the conclusion that there was no proper prosecution within the meaning of Section 20 of the Prevention of Food Adulteration Act, 1954, and so the trial court had no jurisdiction to entertain the complaint against the opposite party. He came to this conclusion because the State Government had not issued any notification appointing Sri O. P. Mehrotra as the Food Inspector or the Public Analyst, who had examined the sample, as the Public Analyst after the repeal of the U. P. Pure Food Act, 1950. He was of the opinion that the Food Inspectors and the Public Analysts appointed under the rules framed under the U. P. Pure Food Act, 1950, could not be deemed to be Food Inspectors and Public Analyst for the purposes of the Prevention of Food Adulteration Act, 1954. He also came to the conclusion that the adulterated linseed oil did not come under the definition of 'food' as defined in the Act of 1954, He, therefore, set aside the order of conviction passed against the opposite party and acquitted him.

(3.) The Municipal Board feeling aggrieved by this order of acquittal presented this appeal and it was placed before a Bench of this Court.