SADRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Sadra was convicted under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and was sentenced to six months rigorous imprisonment with a fine of Rs. 1000/ -, in default of the payment of fine to further undergo one month's simple imprisonment by the learned Chief Judicial Magistrate, Sirohi vide judgment dated August 19, 1977. The accused went in appeal which was heard by the learned Additional Session Judge, Sirohi. In appeal, the conviction and sentence of the accused were maintained. The accused has now come up in revision.

(2.) BRIEFLY stated, the prosecution case is that the accused was found selling milk in the town of Sirohi on July 26, 1975 by the Food Inspector Shiv Shanker. He suspected the milk to be adulterated. He disclosed his identity to the accused and purchased 660 ml of milk from him after making a payment of 0.70 paise in cash as its price. The milk was divided in three equal parts and each part was filled in a phial. One of the samples was seat for analysis to the Public Analyst, Jodhpur. The sample milk was found adulterated as it did not conform to the prescribed standard of purity. On the receipt of the report from the Public Analyst, the Food Inspector submitted the papers to the Municipal Board, Sirohi to seek written consent to launch prosecution against the accused. Thereafter the complaint was filed. This led to the projection and conviction of the accused, as mentioned at the very oat -set.

(3.) I have taken the respective submissions into consideration. Admittedly, the written consent to launch prosecution and file the complaint was accorded by the Municipal Board to the Food Inspector vide Ex. P 6. A perusal of the case file shows that the complaint was filed not by the Food Inspector but the somebody else probably the Assistant Public Prosecutor in the trial Court. Section 20 of the Act speaks of the persons or authorities who can initiate prosecution. They are - (1) the Central Government, (2) the State Government, (3) a person with the written consent of the Central Government, or the State Government, (4) a person authorised in this behalf by the Central Government or the State Government and (5) purchaser referred to in Section 12 of the Act. No person or Authority other than those referred to above can file a complaint under the Act. If a complaint is filed by any person other than specified above the prosecution would be void ab initio. Where the complaint is filed by an unauthorized person, the Court has no -jurisdiction to take congizance thereon. Since the APP was not the person or authority to whom the written consent to launch the complaint was given, he had no powers to present the complaint. A similar view was taken by this Court in the two decisions referred to above.