STATE Vs. JOTHI

JUDGEMENT

(1.) THE issue referred to us for decision is as to whether the Sanitary Inspector (who is appointed as a Food Inspector under Section 9 of the Prevention of Food Adulteration Act, 1954) working in a particular division of the Municipality could validly collect the samples out of food articles and take action under the Act from another division for which he is not working as a Sanitary Inspector.

(2.) THE following factual matrix will help to understand the controversy involved:

(3.) BEFORE we advert to consider the rival contentions, it will be better to see the various provisions of the Act as well as the Rules thereunder. Section 9(1) of the Act provides as under: