JUDGMENT

W. Broome, J. - Yadram, the Petitioner in this habeas corpus application (presented u/s 491 Code of Criminal Procedure), has been convicted by a Magistrate of Agra Under Sections 7/16 of the Prevention of Food Adulteration Act, 1954, for selling adulterated milk in the city of Agra on 23-8-1965 and has been sentenced to six months' R.I. and a fine, of Rs. 1,100/- . He challenged that conviction by filing an appeal and a revision, but both were dismissed; and he is now in jail, serving out his sentence. His contention is that his detention is illegal because of certain flaws in the rules that were framed and the appointments that have been made under the provisions of the Prevention of Food Adulteration Act.

2. Mr. Tej Pal, who has argued the case for the Petitioner before us, has confined himself to the following three grounds:

(1) That the rules framed by the Central Government u/s 23 of Act 37 of 1954 were not laid before both Houses of Parliament, as required by Clause (2) of that section and are consequently invalid and unenforceable.

(2) That after the amendment of Act 37 of 1954 by Act 49 of 1964 it was incumbent on the Government to frame the rules afresh in consultatio