JUDGMENT

K. RAMASWAMY, J.:- The respondent was convicted for an offence under S. 7 read with S. 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, ha