STATE OF MYSORE Vs. COMMISSIONER BELLARY CITY MUNICIPALITY

JUDGEMENT

(1.) The main question that arises in this case is, whether clause(1) of Rule 50(1) of the Prevention of Food Adulteration Rules, 1955, made by the Central Government under S.23 of the Prevention of Food Adulteration Act, 1954, (to be hereinafter referred to as the 'Act') and with it the notification No.PLM 66 PNP 61, dt.4-8-1961 issued thereunder by the State Government (to be hereinafter called 'the Notification') are ultra vires of S.23 of the Act.

(2.) The manner in which this question has come up before this Court is this: One K. Mohammad of Bellary was charged, on the information of the Commissioner, Bellary City Municipality, under S.7 read with S.16 of the Act and read with the notification, alleging that he was found selling mutton without a licence, in the Court of the First Additional Munsiff cum First Class Magistrate, Bellary. He pleaded not guilty to the charge and contended that the provisions under which he had been charged were ultra vires of the Act. The learned Magistrate was of the same view and therefore, referred the matter under S.432 Cr.P.C. for a decision of this Court on the point.

(3.) The point raised is of considerable importance and since it is likely to arise again, it is as well that this Court should say something for the guidance of the other Courts. S.23 of the Act, so far as is material for the purpose, is as follows: