| M/s. Rameshwar Chotte Lal v. Union of India, I.L.R 1969 Delhi 1196 |
Used by the Additional Sessions Judge as a basis for acquitting the company on the ground of immunity. |
The Court records that the Additional Sessions Judge relied on this decision; the division bench referred the correctness of that decision to a larger bench. |
| Municipal Corporation of Delhi v. J.B Bottling Company Private Limited, I.L.R (1975) 1 Delhi 739 |
Full bench holding that a company under section 17 does not enjoy immunity from prosecution and may be punished with a fine. |
The prior full bench decision was recorded and formed part of the procedural history leading back to the division bench for disposal. |
| Municipal Corporation of Delhi v. J.B Bottling Company Pvt. Ltd., ILR (1978) 1 Delhi 129 |
Full bench holding that Chander Singh's single share amounted to a financial interest disqualifying him as a food inspector. |
The Court notes that this full bench answered the referral in the affirmative; this finding is a basis for evaluating the legality of the seizure. |
| Hydraulic Engineering Co. Ltd. v. Mc Haffee (1878) 4 Q.B.D 670 (CA) |
Interpretation of the phrase "as soon as possible" — to mean within a reasonable time and with all reasonable expedition. |
The Court relied on this authority to conclude that nearly eleven months' delay between seizure and complaint was not "as soon as possible." |
| H.N. Rishbud and Inder Singh v. The State of Delhi, (1955) 1 S.C.R 1150 |
Cited by Corporation's counsel for the proposition that illegality in appointment may have no effect if the article was actually adulterated. |
The Court recorded the Corporation's reliance on this case but ultimately rejected the contention, holding that unlawful seizure by an unappointed person vitiated the prosecution. |
| M.P. Sharma v. Satish Chandra, AIR 1954 SC 300 |
Statement that the power of search and seizure is an overriding power of the State and is necessarily regulated by law. |
The Court cited this to support the proposition that seizure powers are significant, overriding, and must be exercised only in accordance with statutory authority and conditions. |
| Brinegar v. United States, 338 U.S. 160 (1949) |
Quoted to emphasise that prohibition against unreasonable searches and seizures is indispensable to freedom. |
The Court cited the passage to reinforce the need for statutory safeguards and proper exercise of seizure powers. |
| Johnstone v. Hogg, 10 Q.B.D 432 |
Definition and ordinary meaning of "seizure" as forcible taking of possession. |
The Court used this to explain the strength of the term "seizure" and to show that the statutory power to seize replaces private, forcible taking. |
| Delhi Administration v. Ram Singh, AIR 1962 SC 63 |
Support for the proposition that a private person taking forcible possession can be resisted. |
The Court cited this when distinguishing powers of authorised officers from acts of private persons and to justify resistance to private seizures. |
| Nazir Ahmad v. King Emperor, AIR 1936 PC 253 |
Principle that a power conferred by statute on certain officers can be exercised only by those officers in the prescribed manner. |
The Court cited this to support the rule that statutory seizure powers can be exercised only by duly authorised officers and only in the manner prescribed. |
| State of Uttar Pradesh v. Singhara Singh, AIR 1964 SC 358 |
Similar principle that powers given by statute are to be exercised only in the manner provided. |
The Court cited this decision in support of the proposition that seizure must be made by authorised officers in accordance with the statute. |
| Municipal Corporation Of Delhi v. Kacheroo Mal, AIR 1976 SC 394 |
Construction of section 2(1)(f): adjectives such as "filthy", "insect-infested" are indicia for presuming unfitness, but unfitness must be proved; public analyst's opinion is evidence but not conclusive. |
The Court relied on this Supreme Court authority to hold that presence of a dead fly is only a presumptive indicia and that actual proof (e.g., by evidence or analyst) is required to establish that the article was unfit for human consumption. |