C J SHAH Vs. CHHABALAL GANPATLAL

JUDGEMENT

(1.) THIS is an appeal by the Food Inspector, Godhra Borough Municipality, against the acquittal of respondent No. 1 under Section 16 of the Prevention of Food Adulteration Act, One of the main grounds of acquittal is that the rules made by the Gujarat Government under Section 24 of that Act were not framed after the previous publication but the previous publication was made by the Bombay Government and not by the Gujarat Government. In answer to this, the learned Counsel for the appellant relies on Clauses (1) and (5) of Section 23 of the General Clauses Act. The whole Section 23161 reads as follows: 23. Provisions applicable to making of rules or by-laws after previous publication. ? Where, by any Central Act or Regulation, a power to make rules or byelaws is expressed to be given subject to the condition of the rules or byelaws being made after previous publication, then the following provisions shall apply, namely:

(2.) IT is next contended relying on Section 24 of the Prevention of Food Adulteration Act that the State Government referred to in that section does not necessarily mean the State Government, which made the previous publication and that the State Government which made the rules need not be the State Government, which made the previous publication. The contention that the State Government means the State Government on the date of the previous publication, which had the power to make rules on the date of the publication is rejected.

(3.) IT is next contended that Section 24 of the Prevention of Food Adulteration Act should be construed in view of Section 161 of the Bombay Reorganization Act, 1960. Section 89 of the Act reads as follows: