HARBANS SINGH RAI, J. - (1.) THIS order will dispose of Criminal Misc. No. 1541-M of 1990 as well as Criminal Misc. Nos. 7086-M and 7841-M of 1987, 2785-M, 2786-M, 2787-M, 2788M, 4065-M. 4877-M, 6252-M, 6664-M, 7931-M, 8355-M and 8943-M of 1988, Criminal Revision No. 601 of 1989, Crl. Misc. No. 732-M, 109O-M, 1801-M, 2012-M, 2831-M, 3339-M, 5260-M, 5291-M, 7717-M, 8254-M and 10844-M of 1989 and 807-M, 1010-M, 1842-M, 1929-M, 1995-M, 2158-M, 2631-M, 2756-M, 3214-M, 3217-M, 3371-M, 3528-M, 3588-M, 3537-M, 3659-M, 3904-M, 4075-M, 4119-M and 4875-M of 1990 as common questions of law are involved in all these cases. The facts of these cases need not be mentioned as only law points are involved which are enumerated as under : (i) Whether the Food Inspectors who had taken samples of adulterated food, had not been validly appointed by the appropriate Govt. under Section 9(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). (ii) Whether the Inspectors who instituted the prosecution. in each case, had not been duly authorised to initiate prosecution under Section 20(i) of the Act.
(2.) THE learned counsel for the petitioners has relied on unreported decision of this court in Civil Writ Petition No. 3380 of 1985 Pawan Kumar v. The Chandigarh Administration and another, in support of their contention. I have heard learned counsel for the parties and gone through the record and the relevant provisions of the Act. The provisions of Sections 9(1) and 20(1) of the Act are as follows :- "9. Food Inspector(1) The Central Govt. or the State Govt. may, by notification in the Official Gazette, appoint such persons as it thinks fit. having the prescribed qualification to be Food Inspectors 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 food inspector under this section." 20. Cognizance and trial of offences-(1) No prosecution for an offence under this Act, not being an offence under Section 14 or Section 14-A shall be instituted except by or with the written consent of the Central Government or the State Government or a person authorised in this behalf, by general or special order, by the Central Government or the State Government. Provided that a prosecution for an offence under this Act may be instituted by a purchaser (or recognised consumer association) referred to in Section 12, if he (or it) produces in court a copy of the report of the public analyst along with the complaint.
(3.) IN all the cases, notifications, similar to the one quoted below had been issued and published in the Chandigarh Administration Gazette :- "Chandigarh Administration, Health Department Notification The 9th February, 1984. No. MH-III-84/1425-In exercise of the powers conferred by. sub-section (1) of Section 9 of the Prevention of Food Adulteration Act, 1954 (Central Act No. 37 of 1954) the Chief Commissioner Chandigarh is pleased to appoint the following Sanitary Inspectors as Food Inspectors for the Union Territory of Chandigarh. 1. Shri Vireshwar Singh. 2. Shri M.K. Sharma 3. Shri Balbir Singh P.D. Vashishat, Finance Secretary Chandigarh Administration Notification dated 27-10-1979. No. 7632-MH-III-79/16991- In supersession of the Chandigarh Administration. Health Department Notification No. 2859-MH-III-78/9174 dated the 5th May, 1978 and in exercise of the powers conferred by subsection (1) of Section 20 of the Prevention of Food Adulteration Act, 1954 (Central Act No. 37 of 1954) the Chief Commissioner Chandigarh is pleased to authorise the following persons to institute prosecution for offences under the aforesaid Act within the Union Territory Chandigarh: 1. Shri Kuldip Singh Sanitary Inspector Chandigarh Administration. 2. Shri Hardial Singh Sanitary Inspector Chandigarh Administration. Sd/- Ram Gopal, Finance Secretary, Chandigarh Administration". ;