BALBIR SINGH Vs. THE UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) ON 7.11.1984 Food Inspector Balbir Singh inspected the premises of Balbir Singh petitioner and took a sample of cow's milk measuring 660 mililitres. The sample was divided into three equal parts and was sealed in three dry and clean bottles as per rules. One sealed bottle was sent to the Public Analyst, Chandigarh who reported that the sample was deficient in milk solids not fat by 9% of the minimum prescribed standard. Since the petitioner was keeping the milk for sale so a complaint was filed against him for his trial for an offence under section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act, 1954 in the Court of Additional Chief Justice Magistrate, Chandigarh. Vide order Annexure P-2 petitioner was summoned to stand trial by issuance of bailable warrants. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the summoning order Annexure P.2.

(2.) THE main contention of the petitioner was that the complaint was filed by a person who had no authority to do so. Food Inspector Balbir Singh was not authorised by any appropriate Government as envisaged under Section 20(1) of the Prevention of Food Adulteration Act. As per assertion in the complaint itself (Annexure P.1) the complainant was authorised to file the complaint vide notification was not by an appropriate Government. Moreover, there could not be general delegation of powers to the Food Inspector and the power should have been given specifically for each individual case.

(3.) IN view of the above mentioned authority in which the question regarding the validity of the appointment of Balbir Singh as Food Inspector was already decided this petition was not passed nor any other point was urged. I therefore, find that the petition is without any merit and dismiss the same. The parties through their counsel are directed to appear in the trial Court on 25-3-1992. Petition dismissed.