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PETITIONER: BALLAVDAS AGARWALA
Vs.
RESPONDENT: SHRI J. C. CHAKRAVARTY
DATE OF JUDGMENT: 15/01/1960
BENCH: DAS, S.K. BENCH: DAS, S.K. SARKAR, A.K. HIDAYATULLAH, M.
CITATION: 1960 AIR 576 1960 SCR (2) 739 CITATOR INFO : R 1968 SC 822 (10) R 1968 SC1339 (6,7) R 1969 SC 267 (5) R 1970 SC 7 (3)
ACT: Criminal Trial-Prosecution for offence under Municipal Act--Authority to initiate prosecution Delegation of-If private citizen can file complaint-Calcutta Municipal Act, 1923 (Ben. 111 of 1923) ss. 12 and 537.
HEADNOTE: The appellant was convicted of selling adulterated butter under ss. 406 and 407 read with s. 488 of the Calcutta Municipal Act as extended to the Municipality of Howrah on a complaint filed by the Sanitary Inspector on January 2, 954 which was signed in token of sanction by the Health Officer of the said municipality. The appellant contended that the trial was vitiated for want of a valid sanction because at the relevant time the Health Officer of the municipality did not have any power to sanction the prosecution. Under the Act the power to institute 740 a complaint vested in the Commissioners but they could delegate the power to the Chairman and the Chairman could also by a general or special order in writing re-delegate the power to the Vice-Chairman or to any municipal officer. Th...