STATE OF GUJARAT Vs. NATVARLAL MATHURBHAI PATEL

JUDGEMENT

(1.) THE State has approached this Court under section 397 of the Code of Criminal Procedure for quashing the order dated 7/4/1998 below applications Ex. 5 and 8 of learned J. M. F. C. , Gandhinagar in Criminal Case No. 1185 of 1998 whereby the respondents, original accused, were discharged by quashing the summons issued under the provisions of section 204 of the Code. That impugned order was based upon the interpretation put upon Rule 32 (E) by the Hon'ble Supreme Court in the case of Dwarkanath and others V/s. Municipal Corporation of Delhi 1972 fac 1 : [1971 SCC (Criminal) 514] which was followed by the Punjab and Haryana High Court in the case of Goodricke Group Ltd. V/s. State of punjab and others 1996 (2) FAC 331 : [1997 (III) FAJ 126].

(2.) IT was fairly conceded by learned counsel Mr. Modi, appearing for the opponents, that the relevant Rule 32 (E) of the Prevention of Food adulteration Rules, 1955 was subsequently amended in the year 1989 and the alleged offences having been committed in the year 1995, the amended rules applied in the facts of the case. It was further conceded that the decisions of this Court dated 10. 08. 2000 in Criminal Revision Application no. 34 of 2000 and dated 05. 10. 2000 in Criminal Revision Application no. 108 of 1998 squarely covered the issue of applicability of the amended rules. Therefore, in short, the petition was required to be allowed and accordingly, it is allowed in terms of paragraph 8 (b ). Rule is made absolute with no order as to costs. Petition allowed.