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TMI Blog1969 (5) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... 54 (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 Sundar Mathur. B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate 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 leave to appeal f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 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 Ahmad v. King Emperor (63 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration 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 tinder the above section. Shri Vijay Kumar Malhotra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unicipal Corporation to file the complaint. It must, therefore, be deemed in the contemplation of law that the Delhi Municipal Corporation was the complainant in the case. The maxim qui per alium facit per seipsum facere videtur (he who does an act through another is Jeemed in law to do it himself) illustrates the general doctrine on which the law relating to the rights and liabilities of principal and agent depends. We are, therefore, of opinion that Shri Mathur was only acting in a representative capacity and that the Delhi Municipal Corporation was the complainant within the meaning of S. 417(3) of the Code of Criminal Procedure and the petition for special leave and the appeal petition were properly instituted by the Delhi Municipal Cor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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