Judgment

BHAGWATI, J. - This appeal by special leave arises out of an application made by the appellants under Sec. 561A of the Code of Criminal Procedure, 1898 for quashing a criminal prosecution pending against them in the Court of Munsif Magistrate, First Class, Dhanbad under the Prevention of Food Adulteration Act, 1954. Two contentions were raised on behalf of the appellants challenging the validity of the criminal prosecution, but both of them were negatived by the High Court. The appellants also sought to raise at the hearing of the application before the High Court a further contention, namely, that Jharia Mines Board of Health was not a local authority within the meaning of Sec. 2 (viii) of the Act and hence the Food Inspector attached to the Jharia Mines Board of Health was not entitled to launch a prosecution against the appellants and no cognizance of the complaint lodged by him could be taken under the Act. This contention was, however. not allowed to be raised by the High Court since it had not been taken in the petition and was sought to be urged for the first time at the hearing of the application. Now it is true that this contention was not raised in the application