TaxTMI 
TaxTMI 
1969 (5) TMI 59
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....ration Act, 1954 (37 of 1954). In the said complain Shri Sham Sundar Mathur said that lie was competent to file the complaint under S. 20 of the aforesaid Act in accordance with a resolution passed by the Corporation in its meeting held on December 23, 1968. By his order dated April 30, 1962 the learned Magistrate acquitted the respondent. The Delhi Municipal Corporation made an application to the High Court asking for special leave under s. 417 of the Code of Criminal Procedure to appeal against the order of acquittal. The application was ranted on September 3, 1962. When the appeal came up for hearing a preliminary objection was raised on of the respondent that the only person competent to file the appeal was the complainant, Shri Sham Su....
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....ection (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court. (2)If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (XXXV of 1946), the Central Government may also direct the Public Prosecutor to present an appeal to the High Court from the order of acquittal. (3)If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special lea....
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.... Act, 1923 as applied to the Municipality of Howrah, would only be filed by the au thorities mentioned therein and not by an ordinary citizen. Section 537 of that Act provided that the Commissioners may institute, defend or withdraw from legal proceedings under the Act; under s. 12 the Commissioners can delegate their functions to the Chairman, and the Chairman may in his turn delegate the same to the Vice-Chairman or to any municipal officer. It was observed in that case that the machinery provided in the Act must be followed in enforcing its provisions, and it was against the tenor and scheme of the Act to hold that s. 537 was merely enabling in nature. The principle invoked in that case was that adopted by the Privy Council in Nazir Ahma....
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....a" under s. 2(vii) of the Prevention of Food Adulteration Act vide Chief Commissioner's Notification No, F.32(30) 58-M and PH(i) dated 13th June, 1958 published in the Delhi Gazette (Part IV) dated 26th June, 1959 and consequently the Municipal Corporation of Delhi is the Local Authority for that area within the meaning of section 2(vii) of the said Act. Section 20 of the Prevention of Food Adulteration Act, 1954 contemplates the appointment of persons who shall be authorised to institute prosecutions under this Act by the Local Authority concerned. Shri Sham Sundar Mathur, M.A., LL.B., Municipal Prosecutor and Shri Bankey Behari Tawkley, Assistant Municipal Prosecutor were authorised by the erstwhile Delhi Municipal Committee tin....