STATE OF HIMACHAL PRADESH Vs. THAKUR DASS

JUDGEMENT

(1.) WHETHER Rule 9-A. Prevention of Food Adulteration Rules (referred to as the Rules) is directory or mandatory is the question which falls for decision in a number of appeals. Rule 9-A reads: 9-A. The Local (Health) Authority shall immediately after the institution of prosecution forward a copy of the report of the result of analysis in Form III delivered to him under Sub-rule (3) of Rule 7, by registered post or by hand as may be appropriate to the person from whom the sample of the article was taken by the Food Inspector, and simultaneously also to the person if any, whose name address and other particulars have been disclosed under Section 14-A of the Act: Provided that where the sample conforms to the provisions of the Act or the Rules made thereunder and no prosecution is intended under Sub-section (2e) of Section 13 of the Act. the Local (Health) Authority shall intimate the result to the vendor from whom the sample has been taken and also to the person, whose name, address and particulars have been disclosed under Section 14-A of the Act. within 10 days from the receipt of the report from the Public Analyst.

(2.) THE respondents have been acquitted by the courts below on the ground that this rule is mandatory and failure of the Local (Health) Authority to send a copy of the report of the Public Analyst immediately, after the institution of the prosecution must result in acquittal of the accused. In order to appreciate the ambit of this rule, it is necessary to take into consideration other provisions of the Prevention of Food Adulteration Act. (referred to as the Act) and the Rules.

(3.) SECTION 2 of the Act defines, amongst others, the words "adulterated" and "food". Section 3 provides for the constitution of the Central Committee for Food Standards. The Central Government is required under Section 4 to establish one or more food laboratory or laboratories. Section 7 prohibits the manufacture for sale or store, sell or distribute, amongst others, any adulterated food. Section 8 provides for the appointment of a Public Analyst whereas Section 9 makes a provision for the appointment of Food Inspectors. Section 10 defines the powers of the Food Inspectors. It empowers Food Inspector to take samples of any article of food from (i) any person selling such article; (ii) any person who is in the course of conveying, delivering or preparing to deliver such article to a purchaser or consignee; and (iii) a consignee after delivery of any such article to him. It also empowers the Food Inspector to send the sample for analysis to the Public Analyst for the local area within which such sample has been taken. Sub-section (7) of this section enjoins upon the Food Inspector to call one or more persons to be present at the time of taking samples of any article of food. The procedure which the Food Inspector is required to follow at the time of taking the sample is laid down in Section 11. He is required, amongst others, to divide the sample then and there into three parts and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken in such place and in such manner as has been prescribed. Where a person refuses to sign or put his thumb impression, the Food Inspector is required to call upon one or more witnesses and take the signature or thumb impression of one or more witnesses. It is also the duty of the Food Inspector to send one of the parts of the sample for analysis to the Public Analyst under intimation to the Local (Healthy Authority and send the remaining two parts to the Local (Health) Authority. Subsection (3) provides that