TARACHAND AGARWALA Vs. CUTTACK MUNICIPALITY

JUDGEMENT

(1.) THE present Petitioner who was accused in a case numbered as (sic) Case No. 306 of 1983 in the Court of the Chief Judicial Magistrate, Cuttack was tried for committing an offence under Section 16(1)(a)(ii) of the Prevention of Food Adulteration Act. The accused himself was the Manager of the depot and in charge of M/s. prag Oil Mills, a sale depot situated at Malgodown, Cuttack. On the complaint of Sri. P.C. Misra, the Food Inspector, Cuttack Municipality, the said case was initiated for alleged violation of Role 50 of the Prevention of Food Adulteration Rules, 1955 as well as Section 7 of the Prevention of Food Adulteration Act, 1954. Rule 50 of the Prevention of Food Adulteration Rules, 1955 reads as follows:

(2.) RULE 7 of the said Rules deals with a licence for manufacture of food for sale of any articles of food etc. and fees and condition of licence which reads thus:

(3.) SECTION 2, Clause (viii) of the Prevention of Food Adulteration Act, 1954 defines the local authority.