JESWANI AND CO Vs. CORPORATION OF CALCUTTA
LAWS(CAL)-1963-2-4
HIGH COURT OF CALCUTTA
Decided on February 12,1963

JESWANI AND CO Appellant
VERSUS
CORPORATION OF CALCUTTA Respondents

JUDGEMENT

- (1.)THIS Rule was issued upon the Chief Presidency Magistrate, Calcutta, to show cause why the conviction and sentence of the petitioners should not be set aside.
(2.)THE case of the complainant, the Corporation of Calcutta, was that on the 15th February, 1961, Dr. J. N. Banerjee, Food Inspector of the Corporation of Calcutta, visited the shop and godown of the petitioner firm and took samples of tea, divided the samples in accordance with the provisions of law and then sent one part to the public analyst for his report. The report of the public analyst was that the samples were adulterated. Thereafter two complaints were made by the Corporation of Calcutta. Subsequently at the request of the present petitioners the two cases were amalgamated and tried together as if only one prosecution had been started. The petitioner firm was convicted under section 7 (1)/16 (1) (a) (i) of the Prevention of Food Adulteration Act and sentenced to pay a fine of Rs. 500/-; the other petitioner was convicted under the same sections and sentenced to pay a fine of Rs, 100/-, in default to undergo simple imprisonment for one week.
(3.)A preliminary point has been taken by Mr. Basu appearing on behalf of the opposite party, Corporation of Calcutta. Section 411 of the Code of Criminal Procedure lays down that any person convicted on a trial held by a Presidency Magistrate the Municipal Magistrate is a Presidency Magistrate may appeal to the High Court if the Magistrate has sentenced him to imprisonment for a term exceeding six months or to fine exceeding Rs. 200/ -. The sentence therefore was appealable, but in that case under section 439 (5) of the Code of Criminal Procedure, no proceedings by way of revision could be entertained at the instance of any party who might have appealed.


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