JUDGMENT -- The two accused who are aggrieved by an order passed by the Special Judicial Magistrate, First Class (Corporation), Nagpur and whose order is confirmed by the Additional Sessions Judge, Nagpur, have come here in revision.

2. Accused No. 1 is a servant of accused No.2. They are being prosecuted for an offence punishable under section 7 (i) read with section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Food Adulteration Act"). It is alleged that they were stocking as well as selling adulterated oil on 19-2-1968. The complaint was filed by the Municipal Secretary against the two accused on 4-10-1968. It is the case of the accused that the Nagpur Corporation had been superseded under section 408 (1) of the City of Nagpur Corporation Act, 1948 in 1965 and that an Administrator had been appointed. At the time when this offence is alleged to have been committed the Administrator was in charge of the Administration of the City of Nagpur Municipal Corporation. The case of the accused is that the Administrators authority to the Municipal Secretary to prosecute the accused is neither valid nor proper. According to them it is only the Municip

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