Municipal supersession and local authority consent under food law can be validly exercised by an Administrator

On supersession of a municipality, the Administrator appointed to perform the municipal body's functions may act as the competent local authority for purposes of written consent under Section 20(1) of the Prevention of Food Adulteration Act, 1954. The expression "local authority" is read in the context of the devolved municipal powers, so consent is not invalid merely because it was given by the Administrator rather than elected Commissioners. The note also states that the later commencement of the food adulteration statute after supersession does not prevent the Administrator from exercising the relevant statutory powers.

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Issues: Whether the Administrator of the superseded municipality was competent to give written consent under Section 20(1) of the Prevention of Food Adulteration Act, 1954, so as to validate the prosecution for storing adulterated food.

Analysis: The Administrator had been appointed after supersession of the municipality under the Tripura Municipal Act and was functioning as the person performing the powers and duties of the municipal body. The expression "local authority" in the Prevention of Food Adulteration Act had to be understood in the context of the municipal body whose powers would, on supersession, devolve on the Administrator. The fact that the adulteration statute came into force after supersession did not prevent the Administrator from exercising the powers that the Commissioners or Chairman would have exercised had they been in office on the relevant date. The written consent for prosecution was therefore not invalid merely because it was granted by the Administrator rather than by the elected Commissioners.

Conclusion: The Administrator was a competent local authority to accord sanction under Section 20(1) of the Prevention of Food Adulteration Act, 1954, and the prosecution was valid.

Final Conclusion: The acquittal was set aside, the conviction was restored, and the accused was held liable for the offence of storing adulterated food.

Ratio Decidendi: On supersession of a municipality, the person appointed to perform the functions of the municipal body may, for the purposes of a later-enacted statute conferring powers on the local authority, exercise the statutory powers that would have been exercisable by the municipal body had it remained in office.

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