Sen, J. - (1.) This appeal by special leave from a judgment of the Delhi High Court upholding an order of the Metropolitan Magistrate, Delhi, raises a question of some public importance. The question is as to whether the appellant who is a member of the Indian Administrative Service, and whose services were placed at the disposal of the Co-operative Store Ltd., a society registered under the Bombay Co-operative Societies Act, 1925 (hereinafter called the Society). was a public servant within the meaning of cl. (12) of Section 21 of the Indian Penal Code, 1860, for purposes of Section 197 of the Code of Criminal Procedure, 1973. The question arises in this way.
(2.) The appellant is a member of the Indian Administrative Service. By notification No. 27-942-Estt. 1, dated 23rd April, 1972 issued by the Government of India in the Ministry of Agriculture (Department of Agriculture), the services of the appellant, who was a Joint Commissioner (State Liaison) in that Ministry, were placed at the disposal of the Department of Co-operation, for his appointment as the General Manager, Super Bazaar. Connaught Place, New Delhi, with effect from April 7, 1972, on which date he took over charge as General Manager. At the request of the Managing Committee of the Society, the Government of India extended the period of his deputation for a further period of one year with effect from April 7, 1973. On Completion of his period of deputation, the appellant reverted as Joint Secretary in the Ministry of Agriculture.
(3.) On October 10, 1973, the Food Inspector purchased a sealed bottle of honey from the Super Bazaar at the INA Market. The Public Analyst's report showed the honey to be adulterated. On April 5, 1974, the Municipal Corporation, Delhi, filed a complaint against the appellant and other officials of the Super Bazaar as also against the manufacturer of honey for having committed an offence punishable under S. 7 read with S. 16 of the Prevention of Food Adulteration Act, 1954. On being summoned by the Metropolitan Magistrate, Delhi, to appear before him as an accused, the appellant raised a preliminary objection that the taking of cognizance of the alleged offence by the Magistrate was barred under S. 197 of the Code of Criminal Procedure, 1973, for want of sanction of the Central Government, since the act complained of was nothing but an act done by him in the discharge of his duties as a public servant.;