KAILASH BUDHWANI Vs. STATE OF M P

JUDGEMENT

(1.) LEARNED Single Judge has made a reference in this revision. Following question has been referred for consideration in the Division Bench: Whether the "food Inspector" Shri S. C. Gupta, could function as a Food Inspector in local area of Mandideep in absence of a notification assigning him the local area of Mandideep ? Learned Single Judge has referred the matter for consideration of the aforesaid question in the backdrop of the fact that it was contended on behalf of the accused that there was no notification issued by the State Govt. assigning the area of Mandideep to Shri S. C. Gupta, hence he could not function as Food Inspector in the local area of Mandideep. Reliance was placed upon Section 9 (1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act of 1954" ).

(2.) LEARNED Single Judge has observed that it is necessary to issue notification to assign the local area to Food Inspector so that any person is free to verify whether his appointment is good and he has the prescribed qualifications as per rules made in this behalf in accordance with Section 2 (xii) of the Act of 1954. Secondly, Food Inspector has drastic powers under Sections 10 and 11 of the Act and this power can be exercised only by the Food Inspector and not by a private person. If his name is not notified in the Official Gazette, it would not be known to be concerned person in advance that person claiming to be a Food Inspector is really appointed as such. Therefore, Parliament has required the publication of his name in the Official Gazette by the concerned Govt. A Food Inspector can function in a local area under the Act and consequently it is necessary that the local area should be assigned to him in the notification. Though, apparently a Food Inspector may appear to be comparatively low salaried officer, but he exercises drastic powers under Sections 10 and 11 of the Act of 1954. Local area in which he has to operate should be known to the public at large. If an obstruction is caused to the Food Inspector that is also punishable, minimum sentence has already been prescribed of six months which may extend to three years with fine. Learned Single Judge has considered the question involved is likely to affect appointment of food inspectors in the entire State. Therefore, a reference has been made. Matter was directed to be placed before my Lord the Chief Justice to constitute the Bench of two or more Judges for considering the question arising out of this criminal revision. Hon'ble the Chief Justice has referred the matter to the Division Bench, hence, this matter has travelled to us.

(3.) SHRI S. C. Datt, learned Sr. Counsel appearing with Shri Siddharth Datt for petitioner, has submitted that it is necessary that notification issued under Section 9 of the Act of 1954 should specify the local area also in which Food Inspector has to operate. He has alternatively submitted that under the Rules called M. P. Prevention of Food Adulteration Rules, 1962 (hereinafter referred to as 'the Rules of 1962'); powers and duties of local authority have been specifically dealt with in Rule 4 and powers and duties of food (health) authority are dealt with in Rule 3 of the Rules of 1962. He has contended that as per Sub-rule (3) of Rule 4 the local Authority may appoint persons in such number as it thinks fit, having qualifications prescribed under the Central Rules, to be Food Inspectors for the purpose of this Act. The notification (Annexure E), dated 7-8-86 authorizing Shri S. C. Gupta to work as Food Inspector in entire District of Raisen which has been issued by Local (Health) Authority and Deputy Director, Food and Drugs Administration, District Raisen under the orders of Controller, Food and Drugs Administration and State Food (Health) Authority can not be taken to be an authority conferred by local authority. He has further submitted that local authority is Municipality or Municipal Board or Municipal Corporation as per notification dated 19th August, 1958 which is quoted below: The Madhya Pradesh Government, vide Notification No. 2/1/2655-VII/h, dated 19th August, 1958 and Notification No. 5492/xvii/h, dated 18th October, 1958, in conformity with Section 2 (viii) of the Prevention of Food Adulteration Act, 1954 (37 of 1954) have declared the "local area" and the "local authority" for that local area as under: