NAGAR SWASTHA ADHIKARI NAGAR MAHAPALIKA Vs. MANGALIA

JUDGEMENT

(1.) THESE are two connected appeals, both directed against orders of acquittal in two cases Under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The Nagar Swastha Adhikari, Nagar Mahapalika, Agra, is the Appellant in both the appeals.

(2.) THE facts leading to these two appeals are simple and might be briefly stated as follows:

(3.) THOSE very points arose for consideration in Cr. Appeal No. 390 of 1966. The learned Judge (B.B. Misra, J.) who first heard the appeal doubted the correctness of the decision in the case of Nagar Swastha Adhikari v. Ram Babu (supra). It was contended before him that the provisions of the proviso to Sub -section (5) of Section 13 of the Act could not be disregarded because they were provisions of a special law and overrode the provisions of the general law contained in the Indian Evidence Act. He, therefore, referred that point for decision by a larger Bench, which, in its turn, has referred the same point for decision to this Full Bench.