H.N. Kapoor, J. - (1.) The applicants in both the cases are being prosecuted jointly under section 7/16 of the Prevention of Food Adulteration Act on the basis of a complaint filed by Shri. G.B. Krishana Kumar, Food Inspector, Government Mobile Food Squad, New Division, Allahabad. Annexure 'C' which is the complaint shows that Nagar Swasthya Adhikari, Allahabad had accorded sanction for prosecuting Prem Chandra Jaiswal only and had not accorded sanction to prosecute S/Shri N.N. Mukherjee, Bhola Nath, Rajenjra Prasad Kanodia, Shiva Kumar Kanodia, Kishan Lal Kanodia and Madan Lal Ruiya who are the applicants in Criminal Misc. Application No. 2455 of 1974. Sanction is mandatory under section 210 of the Act. The learned Magistrate, therefore wrongly took cognizance against these applicants and the proceedings against them are liable to be quashed for the lack of sanction as was held by the Hon'ble Supreme Court for the case of R.P Kapoor v. State (A.I.R. 1960 S.C. 866). Several other points too have been taken in this petition, but it is not necessary to decide those points.
(2.) With regard to petition of Prem Chandra Jaiswal, Shri Tejpal Singh, learned Counsel for the applicant, had stated he does not wish to press this petition, but he reserves the right to argue all these points before the Magistrate.
(3.) In the result, Criminal Misc. Application No. 2456 of 1974 is allowed. The proceedings pending against them on the basis of the complain dated 14-12-1973 (Annexure 'C') are quashed.;