LAXMIBAI SONSHETH AMBOLE Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a matter which is a sad reflection on certain aspects of the judicial system of this country. Coming up this matter before us was a very sad experience in our long association with the judiciary as we must admit that we were not aware as to what abuse judicial prosecution can be put and to what extent the system would fail in checking the abuse of process of law.

(2.) The original suit being Suit No. 284 of 1966 was filed before the High Court in the year 1966. It remained pending with the High Court till the year 1970. On 10th April, 1970' the High Court (Mr. Justice Kantawala, as His Lordship then was) transferred the suit to the Bombay City Civil Court in view of the provisions of section 6(2)(ii) of the Maharashtra Act, 1970 known as Bombay Court Fees Act. The suit was renumbered in the Bombay City Civil Court and then trial started. Now this matter has come back to the High Court after 42 years on a reference made by the Judge of the Bombay City Civil Court in terms of section 113 of the Code of Civil Procedure.

(3.) On the first flush one could see the dispute itself was not maintainable. But for 42 years the unscrupulous elements were not only able to continue with the suit but were also able to enjoy a blanket stay of the prosecution of hundreds of members of the plaintiffs enjoying complete immunity from prosecution for violation of the provisions of Prevention of Food Adulteration Act. The number of these persons, who are enjoying this benefit, is 140. Originally, the High Court passed order on 31st March, 1967. This order was continued by the Bombay City Court. Then it appears that the appeal was filed being Civil Appeal No. 2825 of 1975, which was disposed of by the High Court on 19th April, 1976 continuing the earlier order of staying the prosecution in cases under the Prevention of Food Adulteration Act.