Municipal Corporation Of Delhi vs Joginder Paul And Ors.
1987 Latest Caselaw 451 Del

JUDGMENT

Charanjit Talwar, J.

(1) By this appeal the Municipal Corporation of Delhi (hereinafter referred to as the Corporation) has challenged the legality of the judgment dated 14th October, 1981 of the Addl. Sessions Judge, Delhi by which the conviction of the respondents herein has been set aside under Section 7 read which Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The admitted facts are as follows : (1)Food Inspector Chander Singh purchased a sample of Cow's milk for analysis on 17th September, 1976; (2) Notice under clause (j) of Rule 9 of the Act was not given to the respondents; and (3) The said sub-rule was amended w.e.f. 13th February, 1977.

(2) The learned Appellate Court was of the view that non-compliance of the sub-rule was fatal to the prosecution case. At the relevant time clause (j) of Rule 9 read as follows : "To send by hand or registered post a copy of the report received in Form Iii from the Public Analyst to the person from whom the sample was taken in case it is found to be not conforming to the Act or rules made there under as soon as the case is filed in the Court."

We may note that the Appellate Court's view is supported by two reported judgments.

(3) The learned counsel for the appellant has not been able to point out any infirmity in the judgment. In our view the Rule as it stood at the relevant time was mandatory; non-compliance of which entitled the respondents to acquittal.

(4) There is no merit in the appeal. It is dismissed.