# V. N. KAMDAR AND ANOTHER v. MUNICIPAL CORPORATION OF DELHI

- **Citation:** [1974] 1 S.C.R. 157
- **Court:** Supreme Court of India
- **Decided:** 1973-05-01
- **Bench:** K. K. Mathew, I. D. Dua
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/v-n-kamdar-and-another-v-municipal-corporation-of-delhi-6644
- **Pages:** 8

## Headnote

157
Prevention of Food Adulteration Act, 1954, Ss. 20 and 20A-·Vendor acfuhted on plea tlrat he purchased under warranty-In order to <pvoid multiplicity of trials warrantor should be tried along with vendor-But no1r-impleaJment
of warrantor at trial of vendor does not bar subsequent separate prosecution of
l\.'arrantor.
R who was tried for an offence under s. 16 read with s. 7 of the Prevention
of Food Adulteration Act,
1954, stated in Court that he had purchased the
curry-powder rn question in sealed tins from the appellant under a warranty
given by them and that he sold
the curry-powder in the same condition
in
which he had purchased it from the appellants. The first appellant was examined in, the case. He gave evidence that the curry-powder was manufactured by
the second appell.ant company and that it had been sold in tins to the concern
of which R was the proprietor. He also admitted the issue of a warranty on
behalf of the second appellant. In the light of this evidence R was acquitted.
Subsequently the appellants were sought to be tried for issuing a false warranty.
The appellants contended that the proceedings against them should be quashed
as according to the provisions of the Act, they ought to have been impleaded
in the proceedings against R.
The High Court concurred with the conclusions
of the Courts below and held that the fact that the appellants were
not
impleaded and tried along with R was no bar to the prosecution of the appellants.
In appeal by special leave. this Court had to consider the effect of Ss. 20 and
20A vf the Act.
Dismissing the appeal,
HELD: (1) There is no provision in the Act which obliged the Food Inspector to have joined the appellants as parties to the complaint filed; against R.
Section 20 of the Act has nothing to do with the matter. On the other hand
s. 19(3) which says that any person by \Vhom a warranty is alleged to have
been given shall be entitled to appear at the hearing and give evidence, seems.
to-proceed on the assumption that it is not obligatory on the part of the Food
Inspector to join the mapufacturer. distributor or dealer in a complaint agains1
a person for an offenCe alleged to have been committed under the Act. (lbUH~01
(ii) Section 20A. is an enabling one. There is nothing mandatory about
it. It is left to the discretion of t:;~ Magistrate whether. iri a particular case,.
having regard to the evidence adduc'.."d, it is necessary, in the interest' of justice,.
to implead the manufacturer, distributor, dealer as the case may be.
[161Bl
The normal i;ule under the Criminal Procedure Code is to try each accused
·separately when the offence committed by. him is distinct and separate.
The
provisions of Ss. 233 to 239 would indicate that joint trial is the exception.
Section 5(2) of the Criminal Procedure Code provides that the provision of
that Code will apply to trial of an offence under any law other than the Indian
Penal Code subject to any enactment for the time being in force. regulating the
manner or place of investigating,
inquiring into, trying or otherwise dealing.
with such offence. If that be so, unless there is something in s. 20A which
creates an exception to the normal procedure prescribed by the
Criminal Procedure Code, there would be no justification for importipg into the section by
implication an absolute obligation to implead the manufacturer... distributor or
dealer and try him also with the person \Vho is alleged to have committed anoffence under the Act. in the sense that if the manufacturer. distributor or
dealer is not impleaded a·nd tried under the provisions of s. 20A, a separate trial
would be barred. [161D-GJ
State of Andhra Pradesh v. Cheemalapati
Ganeswara
Rao and Another>
[196413 S.C.R. 297, 324, referred to.
158
SUPREME COURT REPORTS
[ 1974 J 1 S.C.R.
The reul purpose of s. 20A is to avoid, as far as possible, conflicting :findA
ing-:;.
Jn order to avoid n1ultiplicity of proceedings and conflict of finding5 it is
imperative that the J\lagistrate

## Text

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V. N. KAMDAR AND ANOTHER
v.
MUNICIPAL CORPORATION OF DELHI
May 1, 1973
[K. K. MATHEW AND I. D. DUA, JJ.J
157
Prevention of Food Adulteration Act, 1954, Ss. 20 and 20A-·Vendor acfuhted on plea tlrat he purchased under warranty-In order to <pvoid multiplicity of trials warrantor should be tried along with vendor-But no1r-impleaJment
of warrantor at trial of vendor does not bar subsequent separate prosecution of
l\.'arrantor.
R who was tried for an offence under s. 16 read with s. 7 of the Prevention
of Food Adulteration Act,
1954, stated in Court that he had purchased the
curry-powder rn question in sealed tins from the appellant under a warranty
given by them and that he sold
the curry-powder in the same condition
in
which he had purchased it from the appellants. The first appellant was examined in, the case. He gave evidence that the curry-powder was manufactured by
the second appell.ant company and that it had been sold in tins to the concern
of which R was the proprietor. He also admitted the issue of a warranty on
behalf of the second appellant. In the light of this evidence R was acquitted.
Subsequently the appellants were sought to be tried for issuing a false warranty.
The appellants contended that the proceedings against them should be quashed
as according to the provisions of the Act, they ought to have been impleaded
in the proceedings against R.
The High Court concurred with the conclusions
of the Courts below and held that the fact that the appellants were
not
impleaded and tried along with R was no bar to the prosecution of the appellants.
In appeal by special leave. this Court had to consider the effect of Ss. 20 and
20A vf the Act.
Dismissing the appeal,
HELD: (1) There is no provision in the Act which obliged the Food Inspector to have joined the appellants as parties to the complaint filed; against R.
Section 20 of the Act has nothing to do with the matter. On the other hand
s. 19(3) which says that any person by \Vhom a warranty is alleged to have
been given shall be entitled to appear at the hearing and give evidence, seems.
to-proceed on the assumption that it is not obligatory on the part of the Food
Inspector to join the mapufacturer. distributor or dealer in a complaint agains1
a person for an offenCe alleged to have been committed under the Act. (lbUH~01
(ii) Section 20A. is an enabling one. There is nothing mandatory about
it. It is left to the discretion of t:;~ Magistrate whether. iri a particular case,.
having regard to the evidence adduc'.."d, it is necessary, in the interest' of justice,.
to implead the manufacturer, distributor, dealer as the case may be.
[161Bl
The normal i;ule under the Criminal Procedure Code is to try each accused
·separately when the offence committed by. him is distinct and separate.
The
provisions of Ss. 233 to 239 would indicate that joint trial is the exception.
Section 5(2) of the Criminal Procedure Code provides that the provision of
that Code will apply to trial of an offence under any law other than the Indian
Penal Code subject to any enactment for the time being in force. regulating the
manner or place of investigating,
inquiring into, trying or otherwise dealing.
with such offence. If that be so, unless there is something in s. 20A which
creates an exception to the normal procedure prescribed by the
Criminal Procedure Code, there would be no justification for importipg into the section by
implication an absolute obligation to implead the manufacturer... distributor or
dealer and try him also with the person \Vho is alleged to have committed anoffence under the Act. in the sense that if the manufacturer. distributor or
dealer is not impleaded a·nd tried under the provisions of s. 20A, a separate trial
would be barred. [161D-GJ
State of Andhra Pradesh v. Cheemalapati
Ganeswara
Rao and Another>
[196413 S.C.R. 297, 324, referred to.
158
SUPREME COURT REPORTS
[ 1974 J 1 S.C.R.
The reul purpose of s. 20A is to avoid, as far as possible, conflicting :findA
ing-:;.
Jn order to avoid n1ultiplicity of proceedings and conflict of finding5 it is
imperative that the J\lagistrate should in1plead these persons under s. 20A \Vhenever the conditions Jaid down in the section are satisfied. It is a f<ir crv fron1
this to say that if thi~ is not done.
the n1anufacturer,
distributor or· dealer,
\\'ould get .1n in1munity fron1 a separate prosecLition.
[162E, Gj
(iii) It is in1possib\e to predicate in the abstract whether a joint trial \vould
be more advantageou' to the manufacturer. distributor or dealer than a separate
trial. Therefore the plea thnt there could be discrimination if unguided disB
cn·tion is given
to an authority
to choose one or the
otht:"r,
could not be
accepted.
[163D]
·
Northern lnjlia Caterers Prii·ate Ltd. and Another v. State of Punjab and
Another. [19671 3 S.C.R. 399. referred to.
CRIMINAL APPELLATE JURI5D!CTION : Criminal Appeal No. 49 of
1973.
Appeal by special leave from the judgm~nt and order dated August
22, 1972 of the-Delhi High Court at New Delhi in Cr. Revn. No. 93 of
1972.
L.M. Singh~i. S. K. Dhingra. K. C. Sharma, S. Sengupta,
0-C.
Mathur and Ravinder Narain, for the appellant.
F. S. Nariman, Additional Solicitor-General of India,
B.
P.
Maheshwari, Suresh Sethi, _R. K. Maheshwari and N. K. Jain, for the
respondent.
The Judgment of the Court was delivered by
MATHEW, J.-The Municipal Corporation of Delhi filed a com-
- plaint on September 10, 1970, before the Judicial First Gass Magistrate. Delhi, against the appellants under s. 7 read withs. 16(f) of the
Prevention of Food Adulteration Ac~ 1954, hereinafter called "the
Act", alleging that they gave a false warranty in respect of the curty
powder manufactured by them. In response to the summons, the ·appellants appeared and filed an application for quashing the proceedings
on the ground that the complaint was incompetent.
The learned Magistrate dismissed the application. The appellants
filed a revision from the order to the Additional Sessions Judge. That
was dismissed. The appellants then filed a revision against that order
before the High Court. -The High Court also dismissed the revision. It
is against this order that the appellants have filed this appeal by special
leave.
On November 28, 1968, the Food Inspector went to th~ shop of
one Ram Prakash Oberoi and found that he was storing for sale curry
powder. The Food Inspector purchased three sealed tins
of curry
powder from him and after following the procedure enjoined by the
Act sent one sample to the Public Analyst, who. after examininp: it,
sent his report that the sample was adulterated. A complaint was filed
against Ram Prakash Oberoi by the Food lnspector alleging that be
committed an offence under s. 16 read with s. 7 of the Act. Ram
Parkash Oberoi, in his statement under s. 342, stated that he had purchased the curry powder in sealed tins from the appellants under a
warranty given by them and that be sold the curry powder in the same
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V. N. KAMDAR v. MUNICIPAL CORP. DELHI (Mathew, I.)
159
condition in which he had purchased it from the appellants. The first
appellant was examined in the case. He gave evidence that the curry
powder was manufactured by the second appellant ·companiy and that
it had been sold in tins to the concern of which Ram Prakash Oberoi
was the proprietor. He also admitted the issue of a warranty on behalf
of the second appellant. In the light of the evidence, Ram Prakash
Oberoi was acquitted, as, according to the Magistrate, he had fully
discharged the onus which lay upon 'him in order to avail himself of
the defence under s. 19(2) of the Act. In the concluding portion of
the judgment, which was pronounced on October 25, 1969, the Magistrate observed that it is open to the Municipal Corporation of Delhi
"to institute a complaint against the warrantor concerned for issuing
a false warranty for th~ sale of adulterated curry powder to M/s. T. D.
Bhagwan Dass, the proprietor of which was accused Ram Prakash
Oberoi thro·Jgh bill Ex. DWI/A out of which a sample bearing No.
DN. 2385 was taken by P.W. 2 from Ram Prakash Oberoi".
The contention of the appellants in the
application
before the
Magistrate to quash the proceedings was that they ought to have been
impleaded in the proceedings against Ram Prakash Oberoi and tried
for the offence alleged to have been committed by them .and, that not
having been done, the complaint was barred.
The High Court concurred with the conclusions of the Courts
bdow and held that the fact that the appellants were not impleaded
and tried along with Ram Prakash Oberoi under s. 20A was no bar to
the prosecution of the appellants for the offence of giving false warranty and that the complaint was competent.
The appellants submitted before us that it was incumbent upon the
Food Inspector to have filed a joint complaint against Ram Prakash
Oberoi and the appellants as the Food Inspector had every opportunity
to know that the appellants hac given a warranty when the articles
which were found to be adulterated were sold to Ram Prakash Oberoi.
They submitted that under s. l 4A, the vendor is bound to ·disclose the
name of the person who given the warranty to the Food fnspector and,
as the Food Inspector had knowledge that the vendor was covered by
a warranty issued by the appellants, it was his duty to have joined the
appellants as accused in the complaint filed by him
against Ram
Prakash Oberoi. They also submitted that in case it is held that there
was no duty upon the Food Inspector to have joined the appellants
also as accused, the learned Magistrate who tried the case against Ram
Prakash Oberoi, in any event. ought to have inipleaded the appellants
in that case under s. 20A of the Act and tried the appella11ts-for the
offence alleged to have been committed by them and that not having
been done, the present complaint was barred.
We do not think that there is any substance in these contentions.
Section 14 provides that no manufacturer. distributor or dealer of any
article of food shall sell such article to any vendor unless he also gives
a warranty in writing in the prescribed form about the nature and
quality of such article to the vendor. Section 14A states that
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vendor of an article of food shall. if so required. disclose to the Food
Inspector the name, address and other particulars of the person from
160
SUPREME COURT REPORTS
( 1974) 1 S.C.R.
whom he purchased the article of food. In s. 19(2) it is srua that a
vendor shall not be deemed to have committed an oflt;nce pertaining
to the sale of any adulterated or misbranded article of food if he
proves : (a) that he purchased the article of food (i) in a case where
a licence is prescribed for the sale thereof, from a duly licensed manu·
facturer, distributor or dealer; (ii) in any other case. from any manufacturer, distributor or dealer, with a written warranty in the prescribed form; and (b) that the article of food while in his possession
was properly stored and that he sold it in the same state as he purchased it. We are not aware of any provision in the Act which obliged
the Food Inspector to have joined the appellants as parties to the
complaint filed against Ram Prakash Oberoi. Section 20 of the Act
upon which the appellants relied bas nothing to do with this matter.
That section only says that no prosecution for an offence under the
Act shall be instituted except by, or with the written consent of, the
Central Government or the State Government or a local authority or
a person authorised in this behalf. by general or special order, by the
Central Government or the State Government or a local authority. The
proviso to the section makes an exception to the general rule in the
case of a prosecution for an offence instituted by a purchaser refen.:d
to in s. 12, if he produces in Court a copy of the report of the public
analyst along with the complaint. On the other hand, s. 19(3) seems
to proceed on the assumption that it is not obligatory on the part of
a Food Inspector to join the manufacturer, distributor or dealer in a
complaint against a person for an offence alleged to have been committed under the Act. That section says that any person by whom a
warranty referred to in s. 14 is alleged to have been given shall be
entitled to appear at the hearing and give evidence. It would be clear
from this provision that if the Food Inspector is bound to join the
person who gave the warranty as a party whenever a complaint is filed
against the vendor for storing or selling adulterated articles of food,
there was no reason why the legislature should have made a provision
enabling the person who gave the warranty to appear in Court and
give evidence. It is to be noted that s. 19 ( 3) only gives liberty to the
person who gave the warranty to appear and give evidence and that
by volunteering to appear and give evidence. he does not become an
accused. The opportunity to appear and give evidence is to enable the
person who gave the warranty to show that the vendor has not properly
stored the article while in his possession or that he did not sell the
article in the same state as he purchased it and thus to avoid a prosecntion against him on the basis of a false warranty.
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The further question is whether the failure of the Magistrate who
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tried the complaint against Ram Prakash Oberoi to implead the appellants under s. 20A of the Act and try them also along with Ram
Prakash Oberoi would in any way bar the present complaint. Section
20A provides :
"20A. Where at any time during the trial of any offence
under this Act alleged to have been committed by any person,
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not being the manufacturer, distributor or dealer . of any
article of food, the court is satisfied, on the evidence adduced
before it, that such manufacturer, distributor or dealer is
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v. N. KAMDAk v. MUNICIPAL CORP. DELm (Mathew, J.)
161
also concerned with that offence, then, the court may, notwithsmnding anything contained in sub-section (1) of s. 351
of the Code of Criminal Procedure, 1898, or in s. 20 proceed
against him as though a prosecution had been instituted
against him under s. 20."
The secuon is an enabling one. There is nothing mandatory about it. It
is left to the discretion of the Magistrate whether, in a particular case.
having regard to the evidence adduced, it is necessary, in the interest
of justice, to implead the manufacturer, distributor or dealer as the
case may be. Even in a case where a Magistra\e could properly have
impleaded the manufacturer, distributor or dealer in a
proceeding
against a person alleged· to have committed an offence under the Act
but failed to do so, that would not in any waiy confer an immunity
upon the manufacturer, distributor or dealer from a prosecution for any
offence committed by him.
Counsel for the appellants argued that although the word used in
s. 20A is only 'may', it imports an obligation on the part of the Magistrate to implead the manufacturer, distributor or dealer, as the power
to implead is coupled with a duty, when it appears from the evidence
that the manufacturer, distributor or dealer, as the case may be, has
committed an offence under the Act.
The normal rule under the Criminal Procedure Code is to try each
accused separately when the offence committed by him is distinct and
separate. The provisions of ss. 233 to 239 would indicate that joint
trial is the exception. In State of Andhra Pradesh v. Cheema/apati
Ganeswara Rao and Another( I) this Court said that separate trial is
the normal rule and joint trial is an exception when the accused have
committed separate offences. Section 5 (2) of the Criminal Procedure
Code provides that the provisions of that Code will apply to trial of an
offence under any law other than the Indian Penal Code subject to any
enactment for the time being in force regulating.the manner or place of
investigating, inquiring into, trying or otherwise dealing with such
offence. Tf that be so, unless there is something in s. 20A which creates
an exception to the normal procedure prescribed by the Criminal
Procedure Code, we would not be justified in importing into the section
by implication an absolute obligation to implead the manufacturer,
distributor or dealer and try him also along with the person who is
alleg
0 d to have committed an offence under the Act, in· the sense that
if the manufacturer, distributor or dealer is not impleaded and tried
under the provisions of s. 20A, a separate trial would be barred. In
order that the manufacturer, distributor or dealer may be impleaded
under s. 20A, it is necessary that there should be a trial for all offence
committed under the Act by a person and that the manufacturer, distributor or dealer must be concerned in the offence. When once the
manufacturer. distributor or ilealer is impleaded. the trial proceeds as
if he is also an accused in the case. That is made clear by the closing
word< of th~ section. As alreadv indicated, no orosecution for an
offe·nce under the Act can be instituted by' a Food Inspector without
the sanction specified in s. 20. When a manufacturer, distn'butor or
(I) (1964] 3 S.C.R. 297, 324.
L 944 Sup./CI/73
162
SUPREME COURT REPORTS
[ 1974] 1 s.c.R.
dealer is impleaded, he becomes an accused in the case but uo objection
can be taken by him on the score that no sanction had been obtained
for prosecuting him. And, at the close of the trial, the Magistrate must
pass an order either acquitting or convicting him. It does not follow
that the failure of the Magistrate to implead the manufacturer,
distribu or or dealer in a case in w:1ich he could be impleaded under s. 20A
would confer an immunity from a separate trial against him for the
offence for which he could have been tried under s. 20A There is
also no likel1hood of any prejudice being caused to him merely because
he was not impleaded in the trial of an offence under the Act committed by any other person as, any evidence taken in that proceeding
wou d not be binding on him when he is tried separately. In other
words, if a separate prosecution is instituted against the manufacturer,
distributor or dealer, the prosecution cannot rely on the evidence in
the proceedings against the person who committed the offence as per se
evidence against him. It must adduce evidence in the case against the
manufacturer, distributor or dealer to show that he is guilty of the
offence complained of. The acquittal, for instance, of the vendor who
is covered by a warranty would not prove that the manufacturer, distributor or dealer has given a false warranty or committed anv other
offence. The prosecution must show by evidence adduced in the proceedings against the manufacturer, distributor or dealer and
prove
beyond doubt that he committed the offence charged. Nor would the
conviction of the vendot ver se be ground for acquitting the manufacturer, distributor or dealer for giving false warranty, for. the vendor
might have further adu'terated the article after getting a false warranty.
The real purpose of enacting s. 20A is to avoid, as far as possible,
conflicting findings. If. in the prosecution instituted against the vendor,
it is found that the vendor has sold the article of food in the same
state as he purchased it and that while it was in his possession it was
properly storPd, and the vendor is acquitted. it would look rather
ridiculous, if in the prosecution against the manufacturer. distrib,,tor
or d
0 aler. it is found on the evidence that he did not give a false
warranty, but that the article was not stored properly whi'e it was in
the pos,ession of the vendor or that he d;d not sell the article in the
same state as he purchased it. This being so. the obiect of the legislature in enacting t11e section will be frustrated if a M'tgistrate were to
exercise his discretion imoroperly bv failing to imnlea<l the m1nnfocturer. distributor or dealer under s. 20A in a case where he should be
imoleadcd. But that is no reason to hold that a separate nrncAcn•frm
1tgainst th
0 manufacturer. distributor or dealer wnuld be barred. if he
is not impleaded under s. 20A, and tried alnng witli the oersnn who is
alleg-~ to hav<0 committed ~n off"nce under the Act. In order to avoid
mu!tiolicity of proc
0 edings and conflict of findings it is imoerative that
the M qgistrate shoulrl imo!ead these oersons unrler s. 20A wlienever
the <. 'nditions laid down in the section are satisfied. As I said. it is a
far crv from this to '"" that if this is not done, the manufacturer,
distributor or dealer would ~e,t an unmunity from a separate prosecution.
The aoncllants then contended that the procedure in the ioint trial
will be more advantageous to the manufacturer, distributor or dealer,
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v. N. KAMDAR v. MUNICIPAi.. CQRP. DBLIU (Mathew, /.)
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as the case may be, than a separate trial and, therefore, there could
be discrimination if unguided discretion is given to an authority to
choo.c the one or the other. The argument was that if the manufacturer, distributor or dealer .is impleaded under s. 20A, he could avail
himself of'the provisions' pf s. 13(2) and request the Court to have
the sample retaineq;l1y. the Food Inspector and production in Court
sent to the CentrarFood Laboratory for analysis, but if he is
tried
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separati:ly, he will be deprived of that advantage. Read literally, s.
13(2) would not enable the manufacturer, distributor or dealer to pray.
the Court to have the sainple sent for analysis by the Central Food
Laboratory even if he is impleaded under s. 20A and tried along with
the vendor; tor, that sub-section gives the lib~rty to move the court for
_ that purpose only to. the accused ve11dor and the complainant.
But,
even if it is assumed that the manufacturer, distributor or dealer is also
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entitled to take advanta~e of the section and move the court to have
the sample analysed by the Central Food Laboratory, we see no reason
why, when he is 8cparately tried. he should not have
the sample
retained by the Food Inspector and produced in Coilrt sent for analysis
by the Central Food Laboratory, if it is available and in a fit condition. The Magistrate may, under s. 20A. implead the manufacturer,
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distributor or dealer at any time in the course of the trial. At the time
he is impleaded, the samp1e produced in Court by the Food Inspector
might not be in a fit condition to be sent for analysis to the Central
Food Laboratory. It i;, therefore, impossible to predicate in the abstract whether a joint trial "ould be more advantageous to the manufacturer, distributor or dealer than a separate trial.
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The appellant relied on the decision of this Court in Northern
India Caterers Private Ltd. a"'1 Another v. State of Punjab and Another(') and contended that where two procedures are permissible,
one a joint trial of the manufacturer, distributor or dealer wiih the
vendor and the other a separate trial, and the one]s more advan!ageous than the other, there will be scope for discrimination. We fail to
understand the logic of the argument. In the above case the facts
were : the State of Punjab leased its premises to the appellant for
running a hotel and when the lease expired, the appellant was called
upon to hand over vacant possession. On the appellant failing to do
so, the Collector issued a notice under s. 4 of the Puniab Public
Premises and Land <Eviction and Rent Recovery) Act, 1959 requiring the aopellant to show cause why an order of eviction should not
be· passed under s. 5.
The apoellan• thereupqn filed a writ petition
in the High Court contendin~ that the Act violated article 14 of the
Con«i•ution in •h•t it di,cri'Tlinate<l between the occup3nts of p•1blic
premises and those of other premises and that it discriminated between the occuo1nts of public premises inter s~ as •he S•ate could arbitrarilv nroceed a~ainst an occuoant either under tlie Act or by way of
suit. The Hi~h Court dismissed the petition holding tha' the proceeding under the Act is the· exclusive remedy for eviction of unauthori<ed occunants of public premises, that-there was a valid classifirotinn heiwee,n •he occupiers. of public premises and those of private
properties, and that as the. Act was substitutive and not supplemental
.
(ll (1967] l S.C.R. 399.
164
SUPREME COURT REPOllTS
[ 1974] 1 s.c.n.
there. was no question of discrimination between the occupiers of
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public premises inter se. This Court held that s. 5 of the Act violated
article 14 by providing two alternative remedies to the government and
in leaving it to the unguided discretion of the Collector to resort to
one or the other and to pick and choose some of those in occupation
of public properties and premises for the applicacion of the more drastic procedure under s. 5. The Court further held that discrimination
would result if there are two available procedures, one more drastic
Bar prejudicial to the party concerned than the other and which can be
applied at the arbitrary will of the authority.
The appellants have not challenged the vires of s. 20A. That
apart, the principle of the ruling has no application here. That principle can apply only wnen an unguided discretion is conferred upon an
authority or person to choose between two procedures, one of which
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is more advantageous to the person concerned than the other.
Here
we do not think that any person has been vested with an unguided discretion to choose between two procedures, the one more advantageoua
to the appellants than the other.
We see no substance in this appeal and we dismiss It.
G.C.
Appeal dismissed.