MUNICIPAL COUNCIL Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) THIS is an appeal by the Municipal Council Kota against the judgment of the trial court where by the respondent was acquitted of the offence under Section 2(1)(A) and Section 7(1) of the Prevention of Food Adulteration Act on the ground that on June 20, 1973 Shriram Colony, where the respondent was found selling Chilli powder was not with in the limits of the Municipal Council Kota.

(2.) THE short point argued by Shri K.K. Mahrish the learned council for the Municipal Council, Kota, relates to the inclusion of the village Raipur in Kota Municipality area, Shriram colony where the accused -respondent was apprehended, is said to be in village Raipur. The trial court acquitted the accused on the ground that village Raipur was brought in the limits of the Municipality, Kota by the validating Act 1975 of Kota Municipal limits.

(3.) IT is obvious now that so far as the village Raipura is concerned, it was in Municipality vide notification of 1958 which has been reproduced in para 6 of the judgment of this Court in Jayantrao's case 1960 RLW 687. It appears that the counsel for the Municipal council, Kota could not point out this notification of 1958, to the trial court.