P G BEWOOR Vs. RAMACHANDRA ANANTA RAO

JUDGEMENT

(1.) These appeals are filed by the Sanitary and Food Inspector, Hubli Dharwar Municipal Corporation, Dharwar, against the orders of acquittal of the respondents in all these appeals passed by the JMFC., 1st Court, Dharwar, in C.C.Nos.2327, 2328, 2329, 2330 and 2331 of 1971 respectively.

(2.) The appellant had prosecuted the respondents under the provisions of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) on the allegations that they were selling articles of food falling within the provisions of the Act, but had not taken any licences for doing so under Rule 50 of the Prevention of Food Adulteration Rules 1955 (hereinafter referred to as the Rules). It was alleged that each one of the respondents had committed offence under Sec.7(iii) of the Act punishable under Section 16(1) (a) (ii) of the Act.

(3.) The respondents pleaded that it was not the law that they had to take licences as complained by the appellant because they were doing their business in the Market Yard after taking necessary licences from the Market Committee established under the Mysore Agricultural Produce Marketing (Regulation) Act, 1966 (hereinafter referred to as the Marketing Act). They further contended that they and other business people doing similar business have been operating in the market area since many years and no such licences under Rule 50 of the Rules had been insisted upon, and therefore, they were not required to take any such licences as complained by the appellant.