BEHARILAL AGARWALLA Vs. CORPORATION OF CALCUTTA
HIGH COURT OF CALCUTTA
CORPORATION OF CALCUTTA
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Das, J. -
(1.) This is an appeal against conviction under Section 7(i)/16(1)(a)(i) of the Prevention of Food Adulteration Act. The appel- lant Beharilal was sentenced to rigorous imprisonment for six months and to pay a fine of Rupees 1000 while the appeflant Girdharilal was sentenced to rigorous impri- sonment for one month and to pay a fine of Rs. 500.
(2.) The prosecution case is as follows : On November 29, 1963 the Food Inspector. Calcutta Corporation, visited the shop of Beharilal Omprakash at 149 Cotton Street, Calcutta. The appellant Giridharilal was then present. He took sample from one tin ol lanka powder in presence of witnesses after observing the rules. He also took charge of the tin and then went to the godown of the firm at 37 Cotton Street across the street. There also he found 41 tins of lanka powder and took sample from one such tin. All formalities were complied with and one sample of each seizure was handed over to the appellants. He also seized all the 42 tins of lanka powder under two lists and thereafter sent the samples to the Public Analyst for analysis. The public analyst found the samples to be highly adulterated and thereafter with sanction from the Health Officer they were charged with offences under the Food Adulteration Act and convicted.
(3.) The defence was a plea of innocence. They pleaded that the samples were not taken according to law and that Beharilal was not a partner of the firm. They also pleaded warranty from the supplier at Bombay.;
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