# MUNICIPAL COMMITTEE, AMRIT~A'.fl v. HAZARA SINGH

- **Citation:** [1975] 3 S.C.R. 914
- **Court:** Supreme Court of India
- **Decided:** 1975-03-12
- **Case number:** Criminal Appeal No. 228 of 1972
- **Bench:** A. N. Ray, K. K. Mathew, V. R. Krishna Iyer
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/municipal-committee-amrit-a-fl-v-hazara-singh-6417
- **Pages:** 3

## Headnote

Practice-Criminal appeal under Art.
136 of C01:stitution--lmpropcr
i111·oca1io11.
A milk vendor was prose1;uted for alleged adulteration, on the ground that
there was a minimal shortfall. in the percentage of "milk solids not fat" prescribed by the Prevention of Food Adulteration Rules.
The trial court convicted
bu! on appeal, the Sessions Judge made a passing reference to an obiter obse:rvation of this Court in the Malwa Cooperative Milk Union Ltd., Indore v. Bilwrilal,
(Criminal Appeal No. 235 dated' 14-s.1967) iguored the
minor .deficiency
observing that it was in the nature of permissible error and acquitted the accused.
An appeal against acquittal was dismissed by the High Court.
Dismis~ing th·~ appeal \o this Court,
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HELD : ln the Malwa Cooperatii'e Milk Union Ltd.
v. Bihari/al this
Court while holding that 1he revisional power of the High Court i~ reserved for
setting right miscarriage of justice and not for being invoked by private prosecutors made an obiter observation, to drive home the point, that the case itself
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was s~ marginal that the difference from the set standard was microscopic. The
Sessions Judge was perhaps wrong in tearing that passage out of context and
devising a new defence out of it in respect of. food adulteration cases.
But an
appeal with special leave under Art. 136 should not have been filed merely
to get a declaration that a casual statement in a judgment of the Court i> not
its ratio. [915 E-G, 916 E]

## Text

914
MUNICIPAL COMMITTEE, AMR!T~A'.fl
v.
HAZARA SINGH
March 12, 1975
[A. N. RAY, CJ., K. K. MATHEW AND V. R. KRISHNA IYER, JJ.]
Practice-Criminal appeal under Art.
136 of C01:stitution--lmpropcr
i111·oca1io11.
A milk vendor was prose1;uted for alleged adulteration, on the ground that
there was a minimal shortfall. in the percentage of "milk solids not fat" prescribed by the Prevention of Food Adulteration Rules.
The trial court convicted
bu! on appeal, the Sessions Judge made a passing reference to an obiter obse:rvation of this Court in the Malwa Cooperative Milk Union Ltd., Indore v. Bilwrilal,
(Criminal Appeal No. 235 dated' 14-s.1967) iguored the
minor .deficiency
observing that it was in the nature of permissible error and acquitted the accused.
An appeal against acquittal was dismissed by the High Court.
Dismis~ing th·~ appeal \o this Court,
B
c
HELD : ln the Malwa Cooperatii'e Milk Union Ltd.
v. Bihari/al this
Court while holding that 1he revisional power of the High Court i~ reserved for
setting right miscarriage of justice and not for being invoked by private prosecutors made an obiter observation, to drive home the point, that the case itself
D
was s~ marginal that the difference from the set standard was microscopic. The
Sessions Judge was perhaps wrong in tearing that passage out of context and
devising a new defence out of it in respect of. food adulteration cases.
But an
appeal with special leave under Art. 136 should not have been filed merely
to get a declaration that a casual statement in a judgment of the Court i> not
its ratio. [915 E-G, 916 E]
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 228 of
1972.
E
Appeal by special leave from the judgme',1t and order dated the
12th June, 1972 of the Punjab & Haryana High Court in Criminal
Appeal No. 883 of 1972.
Naunit Lal, for the appellant.
The Judgment of the Court was delivered by
F
KRISHNA IYER, J. We regret to begin this judgment with the
observation that the high -purpose of reserving the Supreme Court's
jurisdiction for substantial legal issues affecting the nation, should not
be taken by cases of lesser co>asequence. The present criminal appeal
is a signal instance of litigation of little public interest being brought
up here, holding up other momentous causes.
G
The facts
.1-.petty milk Vf:ndo~ ~as prosecute~ for alleged adulteration, proof
of Which rested on a mm1mal shortfall m the percentage of 'milk solids
not fat' going by the prescribed standard (Rule 5 of the Prevention of
Food Adulteratio
1,1 Rules). The plea of the accused that, if at all there
might have been a marginal error, while the analysis was conducted
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was rightly rej.ected an~ the Magistrate sentenced him to imprisonment
and fine as laid down m s.7 and s.16(1) of the Preveation of Food
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MUNICIPAL COMMITTEE \I, IMZARA SINGH (Krishna Iyer,!.) 915
Adulteration Act (hereinafter called the Act). The
milk
vendor
hopefully appe:aled and impressed by the fact that the milk solids were
of the required standard and the 'milk solids not fat' were slightly
sub-standard, the Sessions Judge ignored 'the minor deficicacy which
is in the nature of permissible error' and acquitted the accused.
The Municipal Committee pursued the matter to the High Court in
appeal.
But a Division Bench of that Court dismissed it in limine,
presumably as t.oo•trivial for an appeal against acquittal.
However,
the appellant has arrived in this Court claiming that this is a test case
and maki',1g it appear that some important question of law hangs on
the decision, although it was represented, at the time special leave
was sought by the counsel, 'that his clients will not press for the conviction of the respondent'.
This latter representation itself is suggestive
of the absence of seriousness surroundi1,1g this particular case.
Apart
from this teU-tale circumstance, the facts we have set out above show
that nothing grave or gre:at in law, by way of miscarriage of justice or
general public importance is involved.
This is one of those routine
cases, comparatively insignificant, where one court has acquitted and
the High Court has felt it unjustified for appellate reversal. It is of
paramount importaace that this Court's time should not be consumed
by questions which •are trifles.
It is plain from submission of counsel that the appella1~t's grievance
is not so much against the acquittal as against a passing reference by
the Sessions Court to an obiter observation of this Court in The Malwa
Cooperative Milk Union Ltd., Indore v. Biharilal(l). Obviously, the
Sessions Judge had concluded that a minor error in the chemical analysis might have occurred.
He was perhaps not right in saying so.
Anyway, a reading of his jμdgment shows that the mention of this
Court's unreported ruling (supra) was meant to fortify himself and not
to apply the mtio of that case.
Indeed, this Court's decision cited
above discloses that Hidayatullah, J. (as he then was) was not laying
down the law that minimal deficiencies in the milk components justi·
fied acquiital in food addteration cases.
The point that arose
in
that case was whether the High Court was justified i,1 upsetting an
•acquittal in revision, when the jurisdiction was invoked by a rival
trader, the alleged adulteration having been so negligible that the State
had withdrawn the prosecution resulting in the acquittal.
Certainly,
the revisional power of the High Court is reserved for setting right
miscarriage of justice, not for berag invoked by private persecutors. Such
was the ratio but, in the course of the judgment, Hidayatullah J, to
drive home the point that the case itself was so marginal, referred to
the microscopic difference from the set standard.
To distort that
r' ·,age, tear it out of context and devise a new defence out of it fo
,_ ,iect of food adulteration cases, is to be grossly unjust to the judg·
ment.
Indeed, the Kerala case cited before us by cou'asel viz., State
of Kerala v. Vasudevan Nair(2 ) itself shows that such distortion of the
pa~sage in the judgmeiat did not and could not pass muster. When
(1) Cri. As Nos. 235 & 236of1964, decided on 14-8-1967.
(2) Cr!. A. 89 of 1973 decided by the Kerala High Cuurt on 18-7-1974-A!l
India Prevention of Food Adulteration Cases Reporter, 1975 Part I, p. 8,
916
SUPREME COURT REPORTS
(1975] 3 s .. C.R.
pressed with such misuse of this ruling, the High Court repelied it. The
law of food adulteration, as also the right approach to decisions of
this Court, have been set out correctly there :
"Judicial propriety, dignity and decorum demand that
bei,1g the highest judicial tribmml in the country even obiter
dictum of the Supreme Court should be accepted as bind-·
ing.
Declaration of law by that Court even -if it be only by
the way has to be respected.
But all that does not mean that
every· statement contained in a judgment of that Court would
be attracted by Art. 141. Stutements on matters other than
law have no binding force.
Several decisions of the Supremt~
Court are on facts and that Court itself has pointed out in
Gurcharan Singh and Anr. v. State of Punjab (1972 FAC
549) and Prakash Chandra Pathak v. State of Uttar Pradesh
(AIR 1960 SC 195) that as on facts no two cases could be
similar, its own decisions.which were esse1atially on questions
of fact could not be relied upon as precedents for decision of
other cases."
*
*
"The standard fixed under the Act is one that is certain.
lf it is varied to any extent, the certainty of CJ general stan·-
dard would be replaced by the vagaries of a fluctuating standard.
The disadvautages of .the resulting unpredictability,
uncertainty and impossibility of arriving at fair •and consistent
decisions are great."
It is extraordinary that an appeal with special leave under Art. 136
should have been filed, to get a declaration that a casual statement in
a judgment of this Court which ex facie had no ki'aship with the question under decision, was not the ratio in the case.
This appeal was ill-advised, misconceived and unnecessary and
merits dismissal.
\l.P.S.
Appeal dismissed.
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