K G ANJANEYALU Vs. CHAIRMAN PURI MUNICIPALITY

JUDGEMENT

(1.) THIS is a revision against the appellate judgment of the Sessions Judge of Puri maintaining the conviction of the petitioner under Section 16 (1) (a) of the prevention of the Food Adulteration Act (Act 37 of 1954) ana the sentence of one years Rigorous Imprisonment and fine of Rs. 2000/- imposed on him by a First class Magistrate of Puri.

(2.) THE petitioner is a ghee vendor in Puri town. He has a shop in Dolmandap Sahi and has also a house in the Matimandap Sahi where he resides and manufactures ghee. He has been carrying on this business in Puri Town for nearly 8 to 10 years. On 28-1-1961 his house in Matiman-dapsahi was raided by the Health Inspector of puri Municipality (P. W. 2) who found several tins of ghee and other articles such as essence, Dalda Vanaspati Ghee, Kumkum seeds for colouring, til oil, groundnut oil and ghee flavour. He also found milk powder and some sodium bicarbonate. Out of these articles he took samples of ghee from a bucket (M. 0. III) and three tins containing Ghee (M. OS. IV, V ana VI ). M. 0. IV was a tin of ghee to which was affixed a green label containing, in the following printed words:

(3.) SAMPLES of ghee were taken, according to law ana sent to the Public Analyst whose reports (Exts. 6,7,8 ana 9) showed that they were grossly adulterated. Then a complaint was filed by the Chairman of Puri Municipality for the prosecution of the petitioner for an offence under the Prevention of Food Adulteration Act. The same Chairman has endorsed on the back of the reports as follows : prosecution sanctioned. Sd/ Illegible 28-3-61. Chairman, Puri Municipality. " neither in his order nor in the complaint petition (Ext. 10) signed by him has the chairman clearly stated that he was only authorised to initiate the prosecution of the petitioner for an offence under the Prevention of Food Aulteration Act. But during the trial of the case in the Magistrate's Court a copy of the proceedings of the General Meeting of the Puri Municipal Council held 29-5-61 was tiled and it contains a general resolution authorising the Municipal Chairman to initiate prosecutions and conduct proceedings on behalf of the Municipality. That resolution runs as follows: