JUDGMENT Lodge, J. - This Rule was issued on the District Magistrate of Pabna to show cause why the conviction and sentence passed upon the Petitioner under sec. 21 read with sec. 6 of the Bengal Food Adulteration Act, 1919, should not be set aside. The material facts are not disputed. The Petitioner is a dealer in mustard oil and a partner in an association of persons known as the Pabna Civil Supplies Syndicate. On September 13. 1944, Karuna-may Das Gupta, Sanitary Inspector of the Pabna Municipality, visited the shop of the Petitioner and asked for sample of mustard oil. The Sanitary Inspector required the Petitioner to sell to him a quantity of mustard oil and tendered the price for it. This was done under the provisions of sec. 10 of the Bengal Food Adulteration Act. The sample of the mustard oil so purchased was submitted to the Public Analyst for analysis and was found to be adulterated. Thereupon an order was obtained from the Chairman of the Municipality in the following terms: From Ashutosh Roy, Esq., Chairman, Pabna Municipality, To the Sub-Divisional Officer, Pabna, Dated, Pabna, the 15th January, 1945. Sir, I have the honour to request von to prosecute Narendra Nath Saha, son of...... of Pabna Bazar P.S. Pabna for selling adulterated mustard oil on.... in the Pabna Bazar, under section.... of F. A. Act 21 (6). A copy of the report of the Public Analyst with the order of the Chairman thereon is forwarded herewith for your perusal. The original report shall be put up, if necessary, on the date of hearing of the case. 2. Petitioner was placed on his trial. The trial was by summary procedure, but according to the record the charge was for selling adulterated mustard oil, the very same offence for which sanction had been obtained from the Chairman of the Municipality. On the facts the Petitioner was found guilty and sentenced under sec. 21 of the Bengal Food Adulteration Act, 1919. to pay a fine of Rs. 60 only. 3. Under sec. 15 of the Bengal Food Adulteration Act, no prosecution for any offence under this Act shall be instituted without the order or consent in writing of the local authority within whose jurisdiction the offence is committed. 4. 21 of the Bengal Food Adulteration Act, 1919. to pay a fine of Rs. 60 only. 3. Under sec. 15 of the Bengal Food Adulteration Act, no prosecution for any offence under this Act shall be instituted without the order or consent in writing of the local authority within whose jurisdiction the offence is committed. 4. The proviso to that section makes it clear that in the case of a municipal area the Chairman of the Commissioners of the Municipality is the local authority in question. It is, therefore, clear that the prosecution can only be for the offence sanctioned by the Chairman of the Municipality. The letter of the Chairman of the Municipality was a request for the prosecution of the Petitioner for selling adulterated mustard oil and that is the only offence to the prosecution of which the Chairman of the Municipality consented. That is, therefore, the only offence for which the Petitioner was liable to be prosecuted. 5. In this particular case the sale was a sale made under the provisions of sec. 10 of the Bengal Food Adulteration Act. Under that section the Petitioner was bound to make the sale even if the oil was adulterated. He had no choice in the matter, It was not a voluntary sale. 6. In an exactly similar case under the similar provisions of the Calcutta Municipal Act, a Division Bench of this Court held in the case of Akshoy Kumar Ghose v. The Chief Executive Officer to the Corporation of Calcutta (1920) 32 C. W. N. 842. that a compulsory sale of this nature is not a sale for which a person can be punished. In this view the Petitioner was not liable to be punished for the sale of adulterated mustard oil under the circumstances; and no consent was obtained to his prosecution for any other offence. The learned Magistrate had no jurisdiction therefore to convict him for storing adulterated mustard oil for sale inasmuch as there was no consent to a prosecution for such an offence. In the result, therefore, the conviction and sentence must be set aside and the accused must be acquitted. The line, it paid, will be refunded.