PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE learned Single Judge has referred for opinion, on the following question : - -

(2.) THE aforesaid question has been referred to us when before the learned Single Judge it was contended that the Food Inspector could not have set the criminal law in motion as he was not so authorised by the State Government. The Food Inspector was exercising the power purported to be one under Section 9(1) of the Food Adulteration Act, 1954 (in short 'the Act'). It is urged that the said person was not assigned any specific local area by the State Government and, therefore, he had no authority to act as Food Inspector in that area. On raising the aforesaid contention, the learned Single Judge has referred the question as stated hereinabove.

(3.) THE appeal preferred by the accused was also dismissed by Sixth Additional Sessions Judge, Jabalpur. During the course of arguments before the Revisional Court, the aforesaid question was raised resulting in this reference.