SWAROOP RAM Vs. STATE

JUDGEMENT

(1.) THIS is a revision application by one Swaroop Ram who has been convicted under Sections 7 (i) and 16 (ii) of the Food Adulteration Act and sentenced to rigorous imprisonment for three months and to pay a fine of Rs. 1500/-or in default to undergo rigorous imprisonment for Three months. .

(2.) TWO points were mainly argued on behalf of the applicant. One was that the chairman of the Municipal Board who granted the sanction was not duly authorised to do so and the other was that the sanction was bad. Reliance was placed on the decision of a learned single Judge of this Court in Chhanwar Lal v. The State, Cr. Revn. No. 198 of 1962, D/- 28-2-1963 (Raj ).

(3.) THE point that the Chairman had no authority to grant sanction in the present case was not raised on behalf of the applicant in the Trial Court. It was sought to be raised for the first time in the Appellate Court but the latter declined to go into it, and rightly so in my opinion as it is a mixed question of fact and law. However, i find that under Section 23 (d) of the Rajasthan Town Municipalities Act, 1951 as well as under Section 67 (d) of the Rajasthan Municipalities Act, 1959 the chairman has authority to perform all executive acts on behalf of the Board. The chairman consequently could grant sanction to prosecute in this case as granting of such sanction was an executive act.