Jagat Narayan, J.—This is a revision application by one Swaroop Ram who has been convicted under sec. 7(i) and 16(ii) of the Food Adulteration Act and sentenced to rigorous imprisonment for three months and to pay a fine of Rs. 1500/-or in default to undergo rigorous imprisonment for three months.

2. Two points were mainly argued on behalf of the applicant. One was that the chairman of the Municipal Board who granted the sanction was not duly authorised to do so and the other was that the sanction was bad. Reliance was placed on the decision of a learned single Judge of this Court in Chhanwar Lal vs. The State (S.B. Cr. Revision No. 198/62 decided on 28.2.1963).

3. The point that the chairman had no authority to grant sanction in the present case was not raised on behalf of the applicant in the trial court. It was sought to be raised for the first time in the appellate court but the latter declined to go into it, and rightly so in my opinion as it is a mixed question of fact and law. However, I find that under sec. 23(d) of the Rajasthan Town Municipalities Act, 1951 as well as under sec. 67(d) of the Rajasthan Municipalities Act, 1958 the chairman has authority to perform all execut

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