Shah, J. - (1.) M/s. Lalji Raja and Sons - who will hereinafter be referred to as the respondents - are the owners of an oil seed pressing factory known as the Gouranga Oil Mill situated within the limits of the Bankura Municipality in the State of West Bengal. For extracting oil, the respondents import mustard seed from different areas. The respondents also hold a license for the sale of mustard seed.
(2.) On the application of the Sanitary Inspector of the Bankura Municipality, the Sub-Divisional Officer, Bankura issued a search warrant directing seizure of 900 bags of "rotten and decomposed mustard seed", 600 bags stored in the mill godown and 300 bags stored in the court-yard of the rice mill at Hanseswar Maji. Pursuant to the search, a large quantity of mustard seed spread out for drying in the Gouranga Oil Mill was seized, and certain bags lying in the rice mill were also seized. On the report made by the Sanitary Inspector, the Chairman of the Municipality applied to the District Magistrate of Bankura on March 10, 1950, for action under Ss. 431 and 432 of the Bengal Municipal Act No. XV of 1932, alleging that the mustard seed seized was " in a highly decomposed state and gave out an offensive stench" and that the same was unwholesome and unfit for human consumption.
(3.) The proceedings started on the petition of the Chairman of the Municipality had a chequered career. It is unnecessary to set out for the purposes of this appeal the diverse orders which were made from time to time by the District Magistrate and which were set aside by the High Court of Judicature at Calcutta. It may be sufficient to state that on May 26, 1950, the District Magistrate ordered restoration of the mustard seed bags to the respondents and that order was set aside by a Division Bench of the Calcutta High Court in revision. Another order passed by the District Magistrate in April 1951 directing that the contents of the bags be disposed of as "manure or fodder" was set aside by the Calcutta High Court and the proceedings were directed to be re-tried. The District Magistrate again held an enquiry and by his order dated November 10, 1954, held that the mustard seed was lawfully seized in accordance with the provisions of the Bengal Municipal Act, 1932, that it was unwholesome and unfit for human consumption on the date of seizure and directed in exercise of the powers under S. 431 (2) of the Act that the same be made over to the Commissioners of the Bankura Municipality for disposal either as manure or as cattle feed. The High Court at Calcutta by order dated August 24, 1955, in exercise of its revisional jurisdiction set aside the order of the District Magistrate holding that S. 431 of Bengal Municipal Act under which the order was made, had no application to a case of seizure of unwholesome food seized under a warrant issued under S. 430. Against the order of the High Court, this appeal is filed with special leave.;