MUNICIPAL COUNCIL Vs. RODU LAL

JUDGEMENT

(1.) THE accused -respondent, Rodu Lal, vide judgment dated 21 -6 -1977, has been acquitted of the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954. Against this judgment of acquittal the Municipal Council, Ajmer, has filed this appeal.

(2.) SHRI S.K. Jindal, the learned Advocate for the Municipal Council, Ajmer, is fair enough in abandoning the contention regarding interpretation of Rule 18 of the Prevention of Food Adulteration Rules as there is finding of the trial court against him that the additional sample of sale was proved not to be sent, but insisted on the correct interpretation of Section 20 in view of the judgment of this Court in M.C., Ajmer v. Sadulla .

(3.) EVEN earlier view was the same in Municipal Council, Jaipur v. Sewan Das AIR 1971 Raj. 5. Head note of which reads as under: Prevention of Food Adulteration Act (1954), Section 20 - -Institution of prosecution by Food Inspector authorised by Municipality by general order, is valid - -It cannot be said that in every case prosecution should be instituted by a special order of the local authority.