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TMI Blog1968 (11) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1963 and No. 344 of 1963 respectively, and as common questions of law are involved in both of them, they were heard together and this judgment shall govern the disposal of the other appeal also. The Municipal Council, Raipur, has filed these appeals under Section 417(3) of the Code of Criminal Procedure against the judgment of acquittal of the respondent, dated 5-12-65, in the aforesaid two appeals which arose from Criminal Cases Nos. 338/63 and 344/63, and in each of those cases, the respondent was convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter called the Act), and sentenced to a fine of Rs. 200/- or in default, to suffer rigorous imprisonment for a period of two months. The fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds, firstly that the Food Laboratory referred to in the order of appointment of Shri S. N. Dutta (vide Notification No. 3695/2879/XVII-PH-IV dated 22-6-1960) is not proved to be the same Laboratory which has been referred to in the State Government notification No. 2683/3282/XVII-M-IV dated 27-12-1960 (hereinafter referred to as Notification dated 27-12-60), and secondly, Shri Dutta was appointed only as a Chemist, while the notification dated 27-12-60, purported to (Sic) the Medical Officer and the Chemist in the Public Health Laboratory, Raipur, being appointed as Public Analyst under the Act, and as Shri Dutta did not hold both the above said Offices, he was in the opinion of the learned Judge, not competent to act as a Public Analyst. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which Shri Dutta was the Chemist. He also contended that there is no notification to show that Shri Dutta was the Medical Officer as well as a Chemist both as it was necessary before he could be appointed as a Public Analyst, and he further urged that there was nothing to show that Shri Dutta possessed the requisite qualifications for such an appointment. We have given our careful consideration to all the contentions raised before us and we are of the view that the impugned order of acquittal in both the appeals deserves to be set aside. Section 8 of the Act makes a provision for the appointment of a Public Analyst, by the State Government, and Sub-section (5) of Section 13 provides that any document purporting to be a report, signed by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rns round, whether the word 'and' should be interpreted as 'or'. The word 'and' is normally conjunctive and the word 'or' is normally disjunctive, but sometimes they are read as vice versa to give effect to the manifest intention of the legislature as disclosed from the context. Scrutton LJ., in Green v. Premier Glynrhonwy Slate Company. Ltd., 1928-1 KB 561 at p. 568 has observed as follows: "You do not sometimes read 'and' in a statute, but you do not do it unless you are obliged, because 'or' does not generally mean 'and', and 'and' does not generally mean 'or'." In Maxwell's Interpretation of Statutes, at p. 229, in dealing with conjunctions 'or& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supersession of all previous Notifications issued in this behalf the State Government hereby appoints the persons specified in Col. (2) of the Table below to be Public Analysts for the purposes of the said Act and further defines the local areas as specified in the corresponding entries in Col. (3) of the said Table, over which they shall exercise jurisdiction.- It is, therefore, quite clear that the intention of the State Government was to appoint a Chemist as a Public Analyst, vide Notification dated 27-12-1960, and the learned Judge erred in holding that an "Officer holding charge of Medical Officer as well as that of Chemist" could only be competent person to be appointed as a Public Analyst. Shri Dutta was appointed as a Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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