MUNICIPAL CORPORATION OF DELHI Vs. RAM KISHAN ROHTAGT

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment dated March 5, 1980 of the Delhi High Court quashing the proceedings taken against respondents Nos. 1 to 5 and arises in the following circumstances.

(2.) On March 25, 1974, one Shri M. M. Gupta, Food Inspector, Municipal Corporation of Delhi visited premises No. 5171, Basant Road, Delhi where Shri Madan Lal had kept for sale 'Morton Toffees'. The said Inspector after purchasing the sample of the article sent it to the Public Analyst who opined that the said sample did not conform to the standards prescribed for toffees. The toffees were manufactured by M/s. Upper Ganges Sugar Mills. Respondent No. 1 (Ram Kishan Rohtagi) was the Manager of the company and respondents Nos. 2 to 5 were the Directors of the Company, including the company also.

(3.) A complaint was filed before the Metropolitan Magistrate who summoned ad the respondents for being tried for violating the provisions of the Prevention of Food Adulteration Act (hereinafter referred to as the 'Act'). The said complaint was filed by the Assistant Municipal Prosecutor in the Court of Metropolitan Magistrate, Delhi against the accused for having committed offences under Sections 7/16 of the Act.