MUNICIPAL CORPORATION OF DELHI Vs. PURSHOTAM DASS JHUNJUNWALA
SUPREME COURT OF INDIA (FROM: DELHI)
MUNICIPAL CORPORATION OF DELHI
PURSHOTAM DASS JHUNJUNWALA
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(1.) This appeal by special leave is directed against a judgment dated 5-3-1980 of the Delhi High Court by which the High Court quashed the proceedings taken by the Municipal Corporation of Delhi against respondents Nos. 1 to 11. This is a case where the facts are almost identical with the facts of Criminal Appeal No. 701 of 1980 : (reported in AIR 1983 SC 67) which we have decided today, with a vital difference which we shall point out hereafter.
(2.) In this case also, Shri M. M. Gupta, Food Inspector in the Municipal Corporation of Delhi purchased a sample of milk toffees from the shop of Jagdish Chander Mehta situate at Lajpat Nagar, New Delhi. The milk toffees which were purchased by the food inspector were found to be adulterated by the Public Analyst. The toffees in this case were manufactured by Hindustan Sugar Mills, 51, Mahatma Gandhi Road, Bombay. A complaint was filed before the Metropolitan Magistrate against accused Nos. 1 to 12 under Sections 7/16/17 of the Prevention of Food Adulteration Act mentioning the facts stated above.
(3.) The High Court was of the view that the complaint did not disclose any offence and adopting a similar line of reasoning, as in Criminal Appeal No. 701 of 1980: (reported in AIR 1983 SC 67), quashed the proceedings against respondents Nos. 1 to 11. We have already dealt with the law on the subject in our decision in Criminal Appeal No. 701 of 1980, a copy of which is placed on the file of this case. The relevant allegations against the accused-respondents are to be found in para 5 of the complaint which may be extracted thus :
"5. That accused Ram Kishan Bajaj is the Chairman, accused R. P. Neyatia is the Managing Director and accused Nos. 7 to 12 are the Directors of the Hindustan Sugar Mills Ltd. and were in charge of and responsible to it for the conduct of its business at the time of commission of offence".;
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