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PETITIONER: THE CHAIRMAN OF THE BANKURA MUNICIPALITY
Vs.
RESPONDENT: LALJI RAJA AND SONS.
DATE OF JUDGMENT: 23/03/1960
BENCH: SHAH, J.C. BENCH: SHAH, J.C. GUPTA, K.C. DAS
CITATION: 1960 AIR 871 1960 SCR (3) 358
ACT: Municipality-Unwholesome food--Seized under warrant--If can be directed to be destroyed--Bengal Municipal Act, 1932 (Ben. Act. XV of 1932), ss. 430, 431(2).
HEADNOTE: The respondents were the owners of an oil seed pressing factory situated within the limit of a municipality. They used to import mustard seeds from different areas and they also held a (1) (1952) L.A.C.103. (2)(1958)1 L.L.J. 63. (3) A.I.R. 1959 Bom. 248. 359 licence for selling Mustard seed. On a report of the Sanitary Inspector of the Municipality, the Sub-Divisional Officer issued a search warrant directing seizure of a large quantity of " rotten and decomposed mustard seed " from the possession of the respondents. The Chairman of the Municipality applied to the District Magistrate for action under s. 431 and s. 432 of the Bengal Municipal Act. The proceedings started on the petition of the Chairman of the Municipality had a chequered career. Ultimately the District Magistrate found that the mustard seed was unwholesome and unfit for human consumption on the date of seizure and directed, in exercise of the powers under S. 431(2) of the Act,...