Jahagirdar, J. - The respondents in this appeal were prosecuted in Criminal Case No. 72 of 1974 in the Court of the Judicial Magistrate First Class, of Niphad for offences punishable under sections 16 and 17 read with Sections 7(i) and 2(i) (a) of the Prevention of Food Adulteration Act, hereinafter referred to as "the Act". The prosecution was launched on the allegation that the respondents had sold groundnut oil, which was found to be adulterated by the Public Analyst, to the Food Inspector attached to the office of the Assistant Commissioner, Nasik Circle, of the Food and Drugs Administration. In the complaint itself the complainant was described as follows: -

"State of Maharashtra, at the instance of Shri H. N. Ugale, Food Inspector, Nasik".

Section 20 of the Act provides as follows:

"20(1). No prosecution for an offence under this Act shall be instituted except by or with the written consent of the Central Government or the State Government or a local authority or a person authorised in this behalf, by general or special order, by the Central Government or the State Government or a local authority,"

The above provision shows that the prosecution for an offence under the