SHRI RANAJOY BOSE versus SHRI A.B. ROY AND ANR.

SHRI RANAJOY BOSE versus SHRI A.B. ROY AND ANR.

District Health Officers of Calcutta Corporation are competent to grant consent for prosecution under Section 20(1) of the Prevention of Food Adulteration Act, 1954 for their respective districts, interpreting the notification to delegate this power rationally and with statutory purpose.

Parties
Appellant: RANAJOY BOSE; Respondent No. 1: A.B. ROY; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
05 April 2002
Procedural Posture
Criminal Appeal / Final Disposition by Supreme Court
Outcome
Appeal dismissed
Legal Topics
Consent for Prosecution, Competence of Authority, Delegation of Statutory Power
Criminal Law Food Safety Law Consent for Prosecution Competence of Authority Delegation of Statutory Power

Case Brief

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Parties

RANAJOY BOSE

Appellant

A.B. ROY

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Criminal Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether District Health Officer is competent authority to grant consent for prosecution under Section 20(1) of the Prevention of Food Adulteration Act, 1954

Ratio Decidendi

District Health Officers of Calcutta Corporation are competent to grant consent for prosecution under Section 20(1) of the Prevention of Food Adulteration Act, 1954 for their respective districts, interpreting the notification to delegate this power rationally and with statutory purpose.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.