ORDER : This case comes up before me on a report submitted by the Additional Sessions Judge Rajnandgaon recommending that the proceedings under S. 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) pending against the present non-applicant, be quashed.

2. The non-applicant is being prosecuted in the Court of the Magistrate First Class Rajnandgaon for keeping for sale adulterated edible oil on his shop.

3. An objection was raised by the accused that there being no valid sanction for his prosecution under S. 20(1) of the Act, the proceedings against him are entirely without jurisdiction, Section 20(1) of the Act runs as under :-

"No prosecution for an offence under this Act shall be instituted except by or with the written consent of the State Government or a local authority, or a person authorised in this behalf by the State Government or a local authority."

The State Government by Notification No. 7770-XVII-H in the M.P. Rajpatra dated 19-2-1960 Part I at page 224 has authorised all Food Inspectors appointed under the said Act to institute or give a written consent to prosecute for offences under the said Act within the local limits