S.K.JHA, J.

1. This is an application for quashing the criminal proceeding against the petitioners in C. M. B. Case No. 68 of 1971/T. R. 592 of 1971 pending in the Court of the Judicial Magistrate, 1st Class, Dhanbad. The only point which has been raised in this application is that no cognizance could be taken under S. 20 of the Prevention of Food Adulteration Act, 1954 hereinafter to be referred to as the Act, as there was no valid sanction accorded for the prosecution of the petitioners. When the case was placed for hearing before a learned single Judge of this Court, by an order dated 3rd April 1975 it was referred to Division Bench for a decision on the point as to whether a local authority could be prescribed by a notification issued in that behalf by the State Government or whether a notification prescribing a local authority could be treated as having the force of a Rule. Hence this case before us.

2. Before coming to the legal aspect of the case, it is worthwhile mentioning a few facts which are not in controversy. On the 30th December 1969, the Patherdih Washery Employees Co-operative Society Ltd. of which petitioner No.1, the Washery Manager, is the Chairman; petitioner No.2, the Assistant Mechanical Engineer is the Secretary: and petitioner No.3, the Washery Engineer, is the Treasurer, was inspected by the Food Inspector of Jharia Mines Board of Health who collected Haldi (turmeric) weighing 450 grams. It was sent to the Public Analyst; who reported that the Haldi in question contained excess of lead and did not conform to the prescribed standard. On the 9th April 1971 sanction was accorded by the Medical Officer of the Jharia Mines; Board of Health for prosecuting the petitioners. On the 4th August 1971 a complaint was filed by the Food Inspector of the Jharia Mines Board, a copy whereof has been marked Annex. 1 to the petition. On the 18th August 1971 cognizance was taken against the petitioners for an offence under S. 16(1) (a) of the Act. The petitioners challenged the authority of Jharia Mines Board of Health to accord any valid sanction: In the counter affidavit filed on behalf of the Jharia Mines Board, it has been asserted that on the 12th October 1955, vide Annex. A, "Local area" was notified by a notification issued in this behalf by the State Government under S. 2 (vii) of the Act including the area under the jurisdiction of the Board. On the 6th June 1956, vide Annexure A/1 another notification was issued being notification No. V/E-04/56-165-HR by which the Governor of Bihar was pleased to prescribe all District Boards in the State, the Jharia Mines Board of Health, Dhanbad and the Hazaribagh Mines Board Hazaribagh which had- been declared to be local area under CI (vii) of S. 2 of the Act as local authorities within their respective jurisdiction for the purposes of the Act. This notification was issued in the purported exercise of the powers conferred by sub-cl. (2) of Cl. (viii) of S. 2 of the Act. Initially the bone of contention between the parties was as to whether the notification dated 6th June 1956 Annex. A/1 was validly issued under the provisions of S. 2 (viii) of the Act and whether it had any binding effect. Subsequently however, on 24th November 1975, the State Government in exercise of their rule-making power under S. 24 of the Act amended the Bihar Prevention of Food Adulteration Rules, 1958 which were framed on the 2nd July 1958. By this amendment the rule was framed prescribing the Jharia Mines Board of Health as a Local authority and this amendment was also given a retrospective effect by a deeming clause end it said that all actions or proceedings taken at any time before the amended rule came into force would be deemed to have been taken by the Jharia Mines Board of Health inter alia, as a local authority. The question with regard to validity of the amendment of the rules on 24th November 1975 arose after a reference of this case to Division Bench. Therefore, initially the cas