Public Prosecutor Vs. Ponnappan

Public Prosecutor vs Ponnappan

Disposition Appeal dismissed Court Chennai Decided Apr 24, 1957

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Citation: sooperkanoon.com/801719
Court: Chennai High Court
Judge: Somasundaram, J.
Decided On: Apr 24, 1957
Case Number: Criminal Appeal No. 762 of 1956
Subject: Criminal;Food Adulteration
Disposition: Appeal dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal;Food Adulteration
Outcome / disposition: Appeal dismissed
Acts & sections: Food Adulteration Act, 1954 - Sectionm 14(1); Madras Public Health Act, 1939 - Sections 16

Parties & Advocates

Appellant / Petitioner

Public Prosecutor

Advocate Public Prosecutor

Respondent

Ponnappan

Advocate N.S. Raghavan, Adv.

Legal References

Acts: Food Adulteration Act, 1954 - Sectionm 14(1); Madras Public Health Act, 1939 - Sections 16
Reported In: AIR1957Mad741; 1957CriLJ1295

Excerpt

- somasundaram, j.1. this is an appeal by the state against the acquittal of the respondent herein for an offence under the food adulteration act, central act 37 of 1954. the prosecution was launched by the health officer, erode municipality, for the respondent being in possession of adulterated milk for the purpose of sale. the purchase of the milk for the purpose of test was on 22nd december 1955. the act under which the respondent was prosecuted came into force on 1st june 1955. under section 20 of the act there shall be no prosecution for an offence under this act except by or with the written consent of the state government or a local authority or a person authorised in this behalf by the state government or a local authority. the local authority is defined under section 2, clause (viii) as meaning a municipality, the municipal board or municipal corporation, the local area, as found in sub-clause (1) (a) of clause (viii) of section 2. the health officer in this case was no doubt authorised by g. o. no. 542, p. h., dated 14th february 1956. the prosecution in this case was before the authorisation by the government. previous to this there was another government order, g. o, no. 1635, p. h., of 1941, under which the health officer in the case of a municipality' was empowered to exercise all the powers under sections 9, 11, 14, 15, 16 and 28 of the madras public health act (act iii of 1939). under section 16 of the madras public health act the health officer can exercise the functions only under any of the acts mentioned therein, and central act 37 of 1954 is not one of the acts mentioned therein, and, therefore, the authorisation under section 16 of the madras public health act would not avail for the purpose of prosecution. this being not a prosecution launched by the municipality or with the written consent of the municipality, it is invalid. the lower court was, therefore, justified in acquitting the accused. the appeal is dismissed.

Full Judgment

Somasundaram, J.

1. This is an appeal by the State against the acquittal of the respondent herein for an offence under the Food Adulteration Act, Central Act 37 of 1954. The prosecution was launched by the Health Officer, Erode Municipality, for the respondent being in possession of adulterated milk for the purpose of sale. The purchase of the milk for the purpose of test was on 22nd December 1955. The Act under which the respondent was prosecuted came into force on 1st June 1955. Under Section 20 of the Act there shall be no prosecution for an offence under this Act except by or with the written consent of the State Government or a local authority or a person authorised in this behalf by the State Government or a local authority. The local authority is defined under Section 2, Clause (viii) as meaning a municipality, the municipal board or municipal corporation, the local area, as found in Sub-clause (1) (a) of Clause (viii) of Section 2. The Health Officer in this case was no doubt authorised by G. O. No. 542, P. H., dated 14th February 1956. The prosecution in this case was before the authorisation by the Government. Previous to this there was another Government Order, G. O, No. 1635, P. H., of 1941, under which the Health Officer in the case of a municipality' was empowered to exercise all the powers under Sections 9, 11, 14, 15, 16 and 28 of the Madras Public Health Act (Act III of 1939). Under Section 16 of the Madras Public Health Act the Health Officer can exercise the functions only under any of the Acts mentioned therein, and Central Act 37 of 1954 is not one of the Acts mentioned therein, and, therefore, the authorisation under Section 16 of the Madras Public Health Act would not avail for the purpose of prosecution. This being not a prosecution launched by the municipality or with the written consent of the municipality, it is invalid. The lower Court was, therefore, justified in acquitting the accused. The appeal is dismissed.

Same Parties Public Prosecutor vs Ponnappan Same Subject Criminal;Food Adulteration Same Judge Somasundaram, J. Acts & Sections Food Adulteration Act, 1954 - Sectionm 14(1); Madras Public H...

Criminal;Food Adulteration