MUNICIPAL BOARD, KANPUR Vs. INDRA MOHAN

JUDGEMENT

(1.) THIS is an appeal by the Municipal Board, Kanpur against an order of acquittal passed in appeal. Indra Mohan Respondent was prosecuted by the Municipal Board, Kanpur on the following allegations.

(2.) ONE Food Inspector visited the factory of Indra Mohan accused on 30th May, 1956 and found that the Respondent was manufacturing and selling icecream at the factory without a licence. Indra Mohan was, therefore, prosecuted Under Section 16 read with Section 7 of the Prevention of Food Adulteration Act for the manufacture and sale of ice cream without a licence. The accused pleaded not guilty. He filed a written statement. The main point raised in defence was that, no licence is needed for the manufacture and sale of icecream. This plea was overruled by the learned Magistrate. Indra Mohan accused was convicted Under Section 16, Prevention of Food Adulteration Act, and was fined Rs. 200.

(3.) MR . A.R. Man Singh appearing for Indra Mohan Respondent raised a preliminary objection that, the present appeal is incompetent. This objection appears to be well founded. The Learned Counsel pointed out that, the Municipal Board, Kanpur is no longer in existence. The present appeal was filed on 1st April, 1960. Some time before 1st April 1960, a Corporation was established at Kanpur. So the local authority in existence at Kanpur is the Municipal Corporation, Kanpur; and not the Municipal Board, Kanpur. The present appeal has been filed in the name of an institution, which was not in existence on the date of the filing of the appeal. It is true that the complaint was filed in June 1956 by the Municipal Board, Kanpur. But that body was not in existence on 1 -4 -1960.