Non-compliance with the mandatory provisions of Sections 11 and 13(2) of the Prevention of Food Adulteration Act vitiates the entire proceedings and can lead to the acquittal of the accused.

PAUL, J.

This criminal revision case has, been posted before us on the orders of the Honourable Chief Justice on the suggestion of one of us (Maheswaraii, J.) inasmuch as the question which arises for determination in this case is of considerable importance.

2. The revision petitioner was convicted by the learned Chief Judicial Magistrate of Kumbakonam of 9 Offence punishable under S. 7(1) read with Sections (1)(a) and 2(i)(1) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and was sentenced to R.I. for three months and to pay a fine of Rs. 500 on the ground that on 30-4-1976 at about 6 a.m P.W. 1 a Food Inspector of Kumbakonam Municipality visited the milk depot owned by the revision petitioner and he purchased 700 ml. of cow's milk for the purposes of analysis and sent one of the sample bottles to the Public Analyst who has given the opinion that the sample was adulterated inasmuch as it was deficient in solids-not-fat content to the extent of 85%. On appeal, the learned Sessions Judge of West Tanjavur Division confirmed the conviction and the sentence.

3. It has been contended before us that the trial and the conviction are vitiated in that the Food Inspector has failed to comply with S. 13(2) of the Act. Therefore, the only question that falls for determination by us is whether non-compliance with the provisions of Sections 11 and 13(2) of the Act vitiates the entire proceedings. In considering that question we have to find out first of all whether the provisions contained in Sees. 11 and 13(2) of the Act are directory in nature or are mandatory.

4. Section 13(2) of the Act as it stood before it was amended in 1978 was as follows -

"After the institution of a prosecution under this Act the accused vendor or the complainant may, on payment of the prescribed fee, make an application to Court for sending the part of the sample mentioned in sub-cl. (i) or sub-clause (iii) of Clause (c) of sub-section (1) of S. 11 to the Director of Central Food Laboratory for a certificate; and on receipt of the application the Court shall first ascertain that the mark and seal or fastening as provided in Clause (b) of sub-section (1) of S. 11 are intact and may then despatch the part of the sample under its own seal to the Director of Central Food Laboratory who shall thereupon send a certificate to the Court in the prescribed form within one month from the date of receipt of the sample, specifying the result of his analysis."Section 13 after the aforesaid amendment reads as follows :

" 13. Report of Public Analyst :-

(1) The public analyst shall deliver, in such form as may be prescribed, a report to the Local (Health) Authority of the result of the analysis of any article of food submitted to him for analysis.

(2) On receipt of the report of the result of the analysis under sub-section (1) to the effect that the article of food is adulterated, the Local (Health) Authority shall, after the institution of prosecution against the person from whom the sample of article of food was taken and the person, it any, whose name, address and other particulars have been disclosed under S. 14-A forward, in such manner as may be prescribed, a copy of the report of the result of the analysis to such person or persons, as the case may be, informing such person or persons that if it is so desired either or both of them may make an application to the Court within a period of ten days from the date of his receipt of the copy of the receipt of get the sample of the article of food kept by the Local (Health) Authority analysed by the Central Food Laboratory." *

5. Thus a duty has been cast on the Local (Health) Authority to send a copy of the report of the result of the public analyst to the person from whom the sample was taken informing him at the same time that he should make an application to the Court within a period of 10 days from the date of receipt of the aforesaid copy to get the sample of the article of food kept by