Public Analyst appointment: statutory context allowed reading "and" as "or," validating the analyst and restoring conviction.

The notification appointing a Public Analyst was construed in the statutory context of the Prevention of Food Adulteration Act, and the expression "Medical Officer and the Chemist" was treated as referring to two distinct offices, so that "and" could be read as "or" to give effect to the State's intended scheme. On that construction, the chemist attached to the laboratory was a validly appointed Public Analyst, the challenge to the analyst's competence failed, and the report remained admissible in evidence. The acquittal based on invalid appointment was therefore erroneous, and the conviction and sentence were restored.

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Issues: Whether the notification appointing a Public Analyst required the person to hold both the office of Medical Officer and the office of Chemist, or whether holding either office was sufficient, and whether the acquittal based on alleged invalidity of the appointment was sustainable.

Analysis: Section 8 of the Prevention of Food Adulteration Act, 1954 empowers the State Government to appoint a Public Analyst, and section 13(5) makes a report signed by a Public Analyst admissible in evidence. The wording of the notification was construed in light of the statutory context and the manifest intention of the State Government. The expression "Medical Officer and the Chemist" was held to describe two distinct offices, so that the conjunction "and" in the notification had to be read as "or" to give effect to the intended scheme. The appointment of the chemist attached to the laboratory was therefore treated as valid, and the objection to the analyst's competence was rejected.

Conclusion: The appointment of the Public Analyst was valid, the acquittal was erroneous, and the conviction and sentence were restored in favour of the appellant.

Ratio Decidendi: Where the statutory context shows that a notification intends to appoint holders of either of two distinct offices, the conjunction "and" may be read as "or" so as to effectuate the legislative or administrative intent and validate the appointment.

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