JUDGMENT

SEN, J. :— This appeal by special leave directed against the judgment and order of the Punjab and Haryana High Court dated February 12, 1986 raises a question of some importance. The question is whether the Food Inspector, Faridkot was competent to lodge a complaint against the appellants under S. 20(1) of the Act for commission of an offence punishable under S. 16(1)(a)(ii) of the Prevention of Food Adulteration Act, 1954 (for short the Act) by virtue of the delegation of powers by the Food (Health) Authority, Punjab under notification dated September 7, 1972 purported to have been issued by him under R. 3 of the Prevention of Food Adulteration (Punjab) Rules, 1958.

2. Put very shortly, the essential facts are these. Appellant No. 2, Messrs Food Specialities Limited is a company incorporated under the Companies Act, 1956 engaged in the business of manufacturing and selling various well-known articles of food including New Maggi 2 minute noodles with sweet sour taste-maker while appellant No. 1 A. K. Roy is the Manager, Quality Control of the Company. On December 14, 1984 at about 3.30 p.m. the Food Inspector, Faridkot purchased a sample of New Maggi Noodles from the shop o