1986 Supreme(Raj) 370

RAJASTHAN HIGH COURT AT JAIPUR BENCH
G.M.Lodha, J.
M.C. Jaipur - Appellant
Versus
Ramjas - Respondent
S.B. Cri. Appeal No. 1006 of 1976.
Decided On : 3-02-1986

The interpretation of Rule 22 of the Prevention of Food Adulteration Rule, 1955 as directory and not mandatory, and the principle of not interfering with orders of acquittal based on previous judgments.

Headnote:

Prevention of Food Adulteration Rule - Interpretation of Rule 22

Fact of the Case:

No one appeared for the Municipal Council. Mr. Tibrewal appeared for the accused. The accused conceded that the interpretation of Rule 22 of the Prevention of Food Adulteration Rule, 1955 has changed due to a Supreme Court judgment.

Finding of the Court:

The court found that the Supreme Court held Rule 22 as directory and not mandatory, and refused to interfere with the judgment of acquittal based on an earlier judgment.

Issues: The issues revolved around the interpretation of Rule 22 of the Prevention of Food Adulteration Rule, 1955 and the applicability of previous judgments.

Ratio Decidendi: The court applied the interpretation of Rule 22 as held by the Supreme Court and followed the analogy of not interfering with the order of acquittal based on previous judgments.

Final Decision: The appeal was dismissed as the court found that the order of acquittal could not be interfered with based on the interpretation of Rule 22 and previous judgments.