Hon'ble Judges/Coram:
Kuldip Singh and K. Ramaswamy

ORDER

K. Ramaswamy, J.

1. The respondent was convicted for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 37 of 1954, for short 'the Act', and was sentenced to undergo 6 months R.I. and to pay a fine of Rs. 1000 with usual default clause. On appeal the Sessions Court confirmed the conviction and sentence. But on revision the High Court set aside the conviction solely on the ground that Dr. B.S. Singh, Public Analyst, had no jurisdiction to analyse the food article. It was B.S. Garg, Public Analyst, Varanasi and Allahabad region, alone had the power. Consequently the conviction on the basis of the report of Dr. S.B. Singh that the milk was adulterated was held without jurisdiction and authority of law. Accordingly the High Court acquitted the respondent by judgment dated February 2, 1981. This appeal by special leave arises against this judgment.

2. The main question is whether Dr. S.B. Singh had jurisdiction over the Allahabad area to analyse the articles of food. Section 8 of the Act reads thus:

8. Public Analysts-The Central Government or the State Govt. may by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be public analysts for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be:

Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a public analyst under this section.

3. In exercise of power under Section 8, the Governor of U.P. by notification published in the State Gazette dated June 23, 1972 appointed Dr. S.B. Singh as a Public Analyst to Govt. for whole of Uttar Pradesh, thus:

No. 2415(4)/CVI-X-112/71, Dated; Lucknow 23 June, 1972.

In supersession of Govt. notification No. 2424(III) XVI-I-59/79, dated August 7, 1970 and in exercise of the powers under Section 8 of the prevention of Food Adulteration Act, 1954 (Act No. 37 of 1954), the Governor is pleased to appoint Dr. S.B. Singh, M.Sc., Ph.d. as Public Analyst to Government for the whole........