JUDGMENT
Guman Mal Lodha, J.
1. This is an appeal by the Municipal Council Kota against the judgment of the trial court where by the respondent was acquitted of the offence under Section 2(1)(A) and Section 7(1) of the Prevention of Food Adulteration Act on the ground that on June 20, 1973 Shriram Colony, where the respondent was found selling Chilli powder was not with in the limits of the Municipal Council Kota.
2. The short point argued by Shri K.K. Mahrish the learned council for the Municipal Council, Kota, relates to the inclusion of the village Raipur in Kota Municipality area, Shriram colony where the accused-respondent was apprehended, is said to be in village Raipur. The trial court acquitted the accused on the ground that village Raipur was brought in the limits of the Municipality, Kota by the validating Act 1975 of Kota Municipal limits.
3. Shri Prem Asopa has appeared to oppose this appeal.
4. It is obvious now that so far as the village Raipura is concerned, it was in Municipality vide notification of 1958 which has been reproduced in para 6 of the judgment of this Court in Jayantrao’s case 1960 RLW 687. It appears that the counsel for the Municipal council, Kota could not point out this notification of 1958, to the trial court.
5. In view of this, it would not be in the interest of justice to now convict the respondent in 1986 for the alleged lapse of the Municipal Council, as the offence is alleged to have been committed on June 29, 1973, under Section 2(1)(A) and Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act.
6. Consequently, this appeal is partly allowed to the extent that the principal controversy is decided in favour of the Municipal Council but the acquittal is not interfered with.