JUDGMENT Edgley, J. - It is contended in this case that the order of the learned Bench of Magistrates was illegal inasmuch as they tried according to the summary procedure a case under the Bengal Food Adulteration Act (Act VI of 1919). From the explanation furnished by the learned Magistrates it appears that they were under the impression that this Act is a Municipal Act within the meaning of sec. 261 (b) of the Code of Criminal Procedure. It is true that, under sec. 15 of the Act, in the case of an offence committed within a Municipality; no prosecution can be instituted without the consent in writing of the Chairman of the Commissioners. In my view, however, a provision of this sort is not sufficient to make the Bengal Food Adulteration Act a Municipal Act. I think the intention of the legislature in referring to Municipal Acts under sec. 261 (b) of the Code of Criminal Procedure was to provide that offences against Acts such as the Calcutta Municipal Act or the Bengal Municipal Act should be tried by Benches of Magistrates duly empowered, but this provision would not cover an Act of general application like the Bengal Food Adulteration Act. It appears, however, from a reference to the record that the case with which we are now dealing was not in fact tried summarily. The evidence of all the witnesses was recorded in full together with their cross-examination and an exhaustive judgment was delivered. The mere fact that at the top of the record appears a "Form kept under sec. 263 of Act X of 1862" cannot be taken to mean that the summary procedure was actually adopted. It is, however, urged on behalf of the Petitioner that he was misled by the use of the latter form with the result that instead of filing an appeal he applied to the learned Judge with a view to this Court being moved in revision. There appears to be some force in this contention and I think that the ends of justice will be served by directing the learned Additional Sessions Judge to treat the Petitioner's application in revision as a memorandum of appeal and to hear the appeal against his conviction under the Bengal Food Adulteration Act in accordance with law. 2. The Rule is, accordingly, made absolute.