Case Note & Summary
The case involved an appeal by the Food Inspector and the State against a High Court order requiring fresh consent to continue prosecution under the Prevention of Food Adulteration Act, 1954. The Food Inspector had filed a complaint against the respondent for selling adulterated Toor Dal, initially based on a Public Analyst's report. After a second analysis by the Director of Central Food Laboratory revealed a different type of adulteration, the High Court ruled that a fresh consent was necessary to proceed with the prosecution. The Supreme Court examined whether the requirement for consent applied after the new certificate was issued. The court noted that the certificate superseded the Public Analyst's report and that the prosecution had been validly instituted. It emphasized that the consent requirement was only for the initial institution of prosecution and not for subsequent developments in the case. The court found that the legal position established by the Gujarat High Court was sound, and the High Court's decision was erroneous. Consequently, the Supreme Court allowed the appeal and set aside the High Court's order, permitting the trial to proceed based on the new certificate.
Headnote
A) Criminal Law - Prosecution Consent - Requirement of Fresh Consent - Prevention of Food Adulteration Act, 1954, Section 20 - The court held that once prosecution is validly instituted, a fresh consent is not required even if the evidence changes due to a new certificate from the Director of Central Food Laboratory. The certificate supersedes the previous report and the trial can proceed based on the new evidence (Paras 6-8).
Issue of Consideration
Whether a fresh consent is necessary to institute prosecution after the report of a Public Analyst is superseded by a certificate from the Director of Central Food Laboratory under the Prevention of Food Adulteration Act, 1954.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed that the trial proceed based on the certificate from the Director of Central Food Laboratory.
Law Points
- Prosecution consent
- Food adulteration
- Certificate superseding report
- Prevention of Food Adulteration Act
- 1954
- Criminal Procedure Code
- 1973
