Judgment

VAIDIALINGAM, J. - The short question that arises for consideration in this appeal by the accused, by special leave, is whether R. 32 (b) and (e) of the Prevention of Food Adulteration Rules, 1955 (hereinafter to be referred as the Rules) is ultra vires as being beyond the rule making power under S. 23 of the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred to as the Act). As the rules have been framed by the Central Government, notice had been issued by this Court to the Attorney General.

2. The first appellant is a partner of the second appellant M/s Mohan Ghee Laboratories carrying on business in Pure Deshi Ghee, in Gurdwara Road, New Delhi-5. On December 29, 1962 at about 12.50 p.m. five, Food Inspectors of the respondent visited the Laboratories of the appellants at Gurdwara Road, and all of them purchased ghee from different containers on payment of price. After doing through the necessary formalities as required by the Act and the Rules, the samples of ghee purchased by the Food Inspectors were sent to the Public Analysts for Delhi Municipal Corporation for analysis. The Public Analysts tested the sample on January 3, 1963 and reported that all th