Debabrata Mookerjee, J. - (1.) This appeal is from convictions under Section 16(1) (a) (i)/7(i) of the Prevention of Food Adulteration Act made by a Municipal Magistrate, Calcutta. Appellant Aswani Kumar Khan has been sentenced to pay a fine of Rs. 2,000/-, in default to suffer simple imprisonment for three months; the other appellant Satish Chandra Pat has been sentenced to two months' rigorous imprisonment and to pay a fine of Rs. 200/-, and in default of payment of the fine he has been sentenced to a further term of rigorous imprisonment for one month.
(2.) The two appellants Aswani and Satish are owner and seller respectively of an Oil Stores at 49, Strand Road, Calcutta. Aswini carries on business on wholesale basis in mustard oil and other kinds of edible oil including groundnut oil. Appellant Satish is employed as the seller in the business.
(3.) On the 5th of August, 1959, a Food Inspector of the Municipality visited the shop and took two samples one each of mustard oil and groundnut oil. Appellant Satish was present in the shop. The samples were taken in accordance with the prescribed procedure and the barrels from which the two oils were taken were seized. In due course the samples were sent for chemical test by the Public Analyst. Upon a report being received that the sample of mustard oil was found good, the barrel from which that sample had been taken was released. The Analyst's report having disclosed that the other sample of groundnut oil was adulterated, the present prosecution was commenced.;