J.M.L. Sinha, J. - (1.) THIS Reference has keen made by the Addl. District Magistrate, Mathura, against the judgment and order dated 20 -12 -1971 passed by the Special Magistrate First Class, Mathura.
(2.) THE facts of the case can briefly be stated as under: Food -Inspector, Municipal Board, Kosi Kalan (Distt. Mathura) filed a complaint for the prosecution of Majid, hereafter to be called the Applicant, for his prosecution Under Section 7 read with Section 16 of the Prevention of Food Adulteration Act. After the evidence on both sides had been recorded and the accused had been examined, an objection was raised on behalf of the Applicant that the Food -Inspector did not possess the authority to file the complaint and that the complaint was not maintainable. This objection was raised through an application dated 20 -12 -1971. The learned Magistrate turned down that objection by an order passed on the same date. Feeling aggrieved against the order of the learned Magistrate, the Applicant went up in revision before the Addl. D.M. who accepted the objection raised on behalf of the Applicant and has made this reference, recommending that the order passed by the Magistrate on 20 -12 -1971 be set aside and the proceedings pending in the court below be quashed. Notice on this reference was issued to both the parties. I have heard learned Counsel on either side and have also perused the record. The sole question for consideration in this reference is whether the Food -Inspector was competent to file the complaint.
(3.) SECTION 20 of the Prevention of Food Adulteration Act reads as follows: Section 20(1) - -No prosecution for an offence under this Act shall be instituted except by, or with the written consent of the Central Govt. or the State Govt. or a local authority or a person authorised in this behalf, by general or special order, by the Central Govt. or the State Govt. or a local authority. Provided that a prosecution for an offence under this Act may be instituted b a purchaser referred to in Section 12, if he produces in Court a copy of the report of the public analyst along with the complaint. (2) No Court inferior to that of Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.;