JAIN SHUDH VANASPATI LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under section 482 of the Code of Criminal Procedure a complaint (Annexure P. 1) filed by the Food Inspector under section 16(1)(a) of the Food Adulteration Act against the petitioners M/s. Jain Shudh Vanaspati Limited is sought to be quashed.

(2.) It is held by the Supreme Court in A. K. Roy and another Vs. State of Punjab and others, 1986 FAJ 514 (SC), that :

(3.) In the present case it is not denied that the State Government has authorised the Director, Health and Family Welfare, Punjab, to institute prosecution against the persons committing offence under the Act. The State Government has not authorised the Food Inspector to institute the prosecution. The Food Inspector has filed the impugned complaint on the basis of the authority delegated to him by the Director, Health and Family Welfare. Punjab, vide a notification dated Nov. 19, 1980 (Annexure P.7) In view of the Supreme Court dictum the Director, Health and Family Welfare, Punjab, was not competent to further delegate his powers to the Food Inspector. The impugned complaint has, therefore, been filed against the petitioner-firm by an incompetent person who had no authority to do so. The learned counsel appearing for the respondent-State of Punjab has very fairly conceded this proposition.