MUNICIPAL BOARD Vs. STATE

JUDGEMENT

(1.) The Medical Officer of Health, Brindaban, ordered prosecution of Janki Das for an offence under Section 4, U. P. Prevention of Adulteration Act, on 10-3-1948. The accused was summoned on this complaint. The complaint was dismissed by Shri F. S Fantheme Magistrate first class, with order "No sanction under Section 12 Adult. Act. Case dismissed."

(2.) A revision against this order was filed before the Additional District Magistrate of Mathura. He has referred the case to this Court with the recommendation that the order of the learned Magistrate be quashed. In his Court a copy of the order of the Chairman Municipal Board, Brindaban, was filed. This order, dated 2-2-1947, is :

(3.) The learned counsel for the accused had urged that the Chairman of the Municipal Board was not competent to autherise the Medical Officer of Health to institute cases under the Prevention of Adulteration Act. I do not agree with this.