RAMSUNDER CHOUDHARY Vs. STATE

JUDGEMENT

(1.) This is an application in revision against the order of the learned appellate court dismissing the petitioner's appeal against the order of the trial Court convicting him under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act (No. XXXVII) of 1954, and sentencing him to pay a fine of Rs. 200/-.

(2.) The prosecution case shortly is that the Sanitary Inspector on 5-7-1955, took sample of mustard oil from the petitioner's shop and sent the same to the public analyst who found the oil to be adulterated.

(3.) The point taken before me is that the occurrence having taken place on 5-7-1955, the Bihar Act which is known as the Bihar Prevention of Food Adulteration Act, 1947, does not apply because the Central Act which is known as the Prevention of Food Adulteration Act 1954 (Act XXVII of 1954) came into force on l-6-1955, that is before the offence was committed, repealing the Bihar Act, and therefore, the inspector, who had filed the complaint, had no authority to file a complaint since the Central Act does not empower him to do so. Hence the entire trial is vitiated and the petitioner should be acquitted. It appears that the Bihar Act in Section 21 has provided that--