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1991 Supreme(Guj) 208

N.J.PANDYA, S.M.SONI
Harshvadan Dahyalal Sevak, food Inspector – Appellant
Versus
Nareshbhai Devandas Vaghvani – Respondent


Advocates Appeared: A.R.MEHTA, D.B.VYAS, H.B.FARUQUI, Hansa Punani, J.C.SHAH, K.B.NANAVATI, K.G.YAGNIK, M.G.NAGARKAR, P.J.Bhatt, P.J.DAVAWALA, S.N.SHELAT, S.P.DAVE, S.Yagni, SUMITA A.SHAH

N. J. PANDYA, J.

( 1 ) ). These are referred matters. In all these are 11 matters as listed above. The occassion to refer these matters to a Division Bench arose when learned Single Judge, Justice K. G. Shah was hearing said appeals individually and it was found that in each of them common question involved was pertaining to the consent required to be obtained by the person who has filed the complaint on behalf of the local authority, be it municipality or local health authority and the controversy was, because the consent obtained by him was a written consent as per Section 20 (1) of the Food Adulteration Act, 1954 (hereinafter referred to as the said Act), the authority granting the consent should also record his reasons for giving the consent. The learned Single Judge addressed himself to the controversy and in the course of hearing before him, it was pointed out that there is a judgment of learned Single Judge of this Court on this point which has already answered the controversy in favour of the defence in the sense that there must be reasons recorded by the consenting authority while granting consent under Section 20 (1) of the said Act as stated hereinabove. This case is that


































































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