RAGHUBAR DAYAL, J.

( 1 ) THIS is a State Appeal against the acquittal of Mool Chand of an offence under Section 16 read with Section 7 of the Prevention of Food Adulteration Act (XXXVII of 1954) by the Sessions judge of Tehri-Garwal who allowed his appeal against his conviction by a Magistrate.

( 2 ) THE alleged offence was committed on the 21st of July, 1955. The prosecution was launched by the Assistant Medical Officer of Health prior to the enforcement of the rules made by the state Government under this Act. The Assistant Medical Officer of Health could not institute a complaint against anyone in view of Section 20 of the Act. The State Government had not authorised him by that date to prosecute any person for an offence under this Act. It is clear, therefore, that the court could not have taken cognizance of this offence and that, therefore, the acquittal of the respondent is correct.

( 3 ) IT is contended for the State that Food Inspector could launch a prosecution under the repealed u. P. Pure Food Act (XXXII of 1950) and that the State Government had by its notification dated 5-2-1953 appointed Assistant Medical Officers of Health Food Inspectors under that Act and that by

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