MARTAND BALWANT RISALDAR Vs. NATHALAL BRIDICHAND

JUDGEMENT

(1.) ONE of the questions in this criminal appeal is whether the rules made under the Prevention of Food Adulteration Act by the Government of Gujarat are made after previous publication as required by Section 24 of the said Act. The previous publication, if any, was not made by the Gujarat Government, bat by the Bombay Government in 1959. The question is whether the previous publication by the Bombay Government would be an act of the Gujarat Government under the law and in particular under the Bombay Reorganization Act, 1960. Clause (d) of Section 2 of the Bombay Reorganization Act reads as under: 'law' includes any enactment ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the Stats of Bombay; Section 88 of the said Act reads as follows: