SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal revision has been filed against the order of the trial Court framing charge against the petitioner under Section7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act. This revision was required to be filed before the Sessions Judge but in view of the very basis of prosecution being without authority, I have decided to dispose of this petition on the ground that the very launching of prosecution was bad and without authority and this will avoid unnecessary harassment to the petitioner.

(2.) Section 9 of the said Act provides -

(3.) Vide notification No. 5575-2-HBII-68/29659, dated 10th October, 1968, the President of India delegated to the Food (Health) Authority powers of the State for appointment of Food Inspectors and to authorise it for instituting of prosecution for an offence under the Act. The notification is reproduced as under :-