Supreme Court of India · 1960-03-23
THE CHAIRMAN OF THE BANKURA MUNICIPALITY vs LALJI RAJA AND SONS.
- Citation / case number
- SC 1957/60045
- Court
- Supreme Court of India
- Petitioner
- THE CHAIRMAN OF THE BANKURA MUNICIPALITY
- Respondent
- LALJI RAJA AND SONS.
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under Section 431(2) of the Bengal Municipal Act, 1932, the District Magistrate has the authority to dispose of unwholesome food seized under Section 430. However, the Court clarified that the powers under Section 431(2) cannot be exercised for articles seized under a warrant issued under Section 430, as the provisions are distinct. The High Court's order setting aside the District Magistrate's decision was upheld, confirming that the seizure and disposal of the mustard seeds were not in accordance with the applicable statutory provisions.