FOOD INSPECTOR Vs. ITEM ULLAH

JUDGEMENT

(1.) This appeal has been filed by the Food Inspector, Nagarpalika, Ujhani, Budaun, against the order of Sri S.K. Lakhatakia, Chief Judicial Magistrate, Budaun, dated 15-10-1977, by which he acquitted the respondent Item Ullah in a case under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act.

(2.) The case against the respondent was that on 21-7-1973 a sample of milk was taken from him and was sent to the Public Analyst and it was found to be adulterated. The accused pleaded not guilty. The learned Magistrate held that Rule 22 of the Rules framed under the aforesaid Act was mandatory and since the appellant had not taken the prescribed quantity of milk there had been a breach of the rule and, therefore, the accused could not be convicted. The learned Magistrate relied upon the case of Gurnamal Vs. State of Maharashtra, 1975 (I) FAC 1 , which was a decision of the Supreme Court in support of his view. The learned counsel for the appellant has relied upon the case reported in 1978 (1) FAC 145 in which it was held that Rule 22 was merely directory and not mandatory. In view of the latter decision of the Supreme Court the previous decision relied upon by the learned Magistrate no longer holds the field. In Ramdas Bhikhaji Vs. Sadanand, 1979 (II) FAC 215 , it has been held that once a previous decision is overruled it is wiped off- completely and is bad law and no effect. Accordingly, the finding of acquittal recorded by the learned Magistrate based on an earlier decision should be set aside.

(3.) In the result the appeal is allowed, the order of acquittal is set aside and the learned Magistrate is directed to decide the matter afresh in accordance with the latest law. Appeal allowed.