The appointment of Sanitary Inspectors as Food Inspectors under Section 9 of the Prevention of Food Adulteration Act was valid, and they had the power to file written complaints against persons contravening the provisions of the Act.

( 1 ) THESE criminal appeals and revisions arise out of the Judgment and order of acquittal by the Sessions Judge, East Godavary, under the Prevention of Food Adulteration Act. Several persons were convicted of the charge of adulteration of milk, ghee and pulses under Section 16 (1) and Section 7 read with Section 2 (i) (a) of the Prevention of Food Adulteration Act, hereinafter called "the Act. They were convicted and fined but on appeal the Sessions Judge acquitted them on the ground that the Sanitary Inspectors, who were appointed as Food Inspectors under Section 9 of the Act, were not properly appointed in exercise of the powers confened by the Section, and consequently they were not authorised to make complaints under Section 20 of the Act. In this view, he held that the trials were without jurisdiction and, therefore, quashed the convictions and set aside the orders of fine imposed on several of the accused.

( 2 ) APPEALS 142, 143 and 145 to 148 are cases in which the accused pleaded guilty, and under Section 412 they appealed to the Sessions Judge on the legality or propriety of the sentence.

( 3 ) APPEALS Nos. 138 to 150 excluding the above six cases viz. , 142, 143 and 145 to 148 are cases in which the Sessions Judge did not go into the merits of the cases.

( 4 ) CRIMINAL Appeals 168 to 173 and Criminal Revisions Nos. 261 to 266, which pertain to the same matter, are cases in which the Magistrate had not taken any evidence but acquitted the accused having regard to the decision of the Sessions Judge in other Criminal Appeals referred to above.

( 5 ) CRIMINAL Appeal No. 403 is also another case which the Sessions Judge did not decide on merits but only disposed it of on the question of law.

( 6 ) IN all these appeals and revisions, the short point that falls for consideration is whether the appointment of Sanitary Inspectors is in accordance with the provisions of Section 9 of the Act and whether the complaints by them were properly filed in exercise of the power vested in them under Section 20 of the Act.

( 7 ) THE learned Public Prosecutor contends that the Sessions Judge omitted to consider the effect of Section 15 of the General Clauses Act, with the result that he has come to an erroneous conclusion. It is necessary to examine the relevant provisions of the Act viz. , Sections 8, 9, 20 and Section 15 of the General Clauses Act. "section 8, The State Government may, by notification in the Official Gazette, appoint persons in such number as it thinks fit and possessing such qualifications as may be prescribed, to be Public Analysts and define the local areas over which they shall exercise jurisdiction : Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be so appointed ; Provided further that the State Government may appoint one Public Analyst for two or more local areas, such local areas being regarded as one unit for the purposes of this Act. ""section 9 (1 ). Subject to the provisions of Section 14, the State Government may, by notification in the Official Gazette, appoint persons in such number as it thinks fit, having the prescribed qualifications to be Food Inspectors for the purposes of this Act, and they shall exercise their powers within such local areas as that Government may assign to ththem; Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be so appointed, (2) Every Food Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code (Act XLV of 1860)". "section 20 (1), No prosecution for an offence under this Act shall be instituted except by, or with the written consent of, the State Government or a local authority or a person authorized in this behalf by the State Government or local authority; Provided that a prosecution for an offence under this Act may be instituted by a purchaser referred to in Section 12, if he produ