MESSRS R B MILLS PRIVATE LTD Vs. SECRETARY TO THE GOVT OF ASSAM HEALTH DEPARTMENT, SHILLONG AND OTHERS

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution of India Is filed with a prayer for striking down Rule 44 -A of the Prevention of Food Adulteration Rules, 1955 (Central Rules), hereinafter referred to as 'the Rules', and for quashing the notification of the State Government No. MPH. 332/61/152 dated 10.3.1966. which has been made in - pursuance of Rule 44 -A of the Rules with regard to "khesari gram".

(2.) THE petitioner No. 2 is the Accountant of Messrs,. R. B. Mills Private Limited. Barpeta Road (Petitioner No. 1} and he along with the Managing Director of the said firm were prosecuted before the Sub -Divisional Magistrate (Judicial), Banpeta. in Case No. 343 -C of 1973 under Section 16 of the Prevention of Food Adulteration Act read with Rule 44 -A of the Rules. The petitioners aver in paragraph 13 of the application as follows :

(3.) IN the result, the application is dismissed in the light of the observations made hereinabove and the Rule 1 discharged. We will, however, make no order as to costs.