SHORAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) The applicants in these eight applications in revision have been prosecuted for offences alleged to have been committed by them under Section 4(1), U.P. Prevention of Adulteration Act, 1912, within the limits of Anupshahr Notified Area. The prosecution in each case was instituted upon the order of the District Magistrate, and the question which arises is whether the District Magistrate or the Notified Area Committee was the proper authority to sanction such prosecutions.

(2.) Section 12, Prevention of Adulteration Act, provides that: No prosecution under this Act shall be instituted without the order or consent in writing of the local authority, or in the case of a municipal board or cantonment authority, of the person or persons authorised in this behalf by the said municipal board or cantonment authority and "local authority" is defined in Section 2 of the Act as meaning ...in the case of a municipality the Municipal Board, in the case of a cantonment, the Cantonment Authority, and in the case of any other local area, the District or Sub-Divisional Magistrate.

(3.) It is, therefore, clear that under Section 12 of this Act, read alone, the sanctioning authority in respect of an offence committed within the limits of a notified area is the District or Sub-Divisional Magistrate.