The perusal of the record shows that accused were acquitted firstly, on the ground that PW-1 Dr.Lal Singh and PW-2 Dr.Bhanwar Singh have not been authorized to conduct raid/inspection at the premises of accused No.1. Learned trial Court, on the basis of provision of the Act under Sections 30, 32 and Rules framed under the Act, came to the conclusion that appropriate authority can delegate his/her power by administrative order to any authorized officer. It obliges him to preserve the order of authorization as documentary proof for further action. The Court held that if any person was to be authorized, it can only be by passing a written order, which is to be preserved but in the present case, there is no such written order passed by the appropriate authority delegating the powers to Dr.Lal Singh and Dr.Bhanwar Singh, who raided the premises. This fact was also not contested by learned counsel for the applicant at the time of arguments, that there was any written authorization from the appropriate authority to conduct raid, which means that Dr.Lal Singh and Dr.Bhanwar Singh were not authorized to conduct raid and base of the complaint, therefore, goes.
