LEKHRAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the accused in C.C. No. 213 of 2002 on the file of Judicial Magistrate No.V, Coimbatore for an alleged offence punishable under Sections 7(1)(iv), 16(1) (a) (i), 16(1-A) (i) read with Section 2(ia)(h) and Rule 42(zzz) of the Prevention of Food Adulteration Act, 1954. He seeks to quash the pending proceedings in C.C. No.213 of 2002. THE learned counsel appearing for the petitioner submits that a case has been filed on the strength of the notification No.VI(2)/311 (a) 2001, which was issued by the Director of Public Health and Preventive Medicine, Tamil Nadu. THE impugned notification No.780 was published in the Tamil Nadu Government Gazette (Extraordinary), dated 19.11.2001. THE said notification has been questioned and it was struck down by the Honourable Supreme Court as being unconstitutional and beyond the legislative competence of the State.

(2.) IN a case Godawat Pan Masala Products I. P. Ltd. and another v. Union of INdia and others (2004) 7 SCC 68 in para 77, it has been held as follows:

(3.) THE impugned notifications are ultra vires the Act and, hence, bad in law.