Ramendra Nath Dutt, J. - (1.) This is an appeal under Sec. 417(3) of the Code of Criminal Procedure at the instance of the Corporation of Calcutta.
(2.) On a complaint made by the Corporation of Calcutta the Respondents were prosecuted under, Sec. 16(1) of the Prevention of Food Adulteration Act. The Respondent Dwijendra Nath Paxil is said to be the proprietor of the other Respondent M/S Cossipdrc Oil Mill. Charge was framed against Dwijendra Nath Paul. On trial he' was acquitted. The Corporation has then preferred this appeal against the order of acquittal.
(3.) The prosecution case is as follows: M/s. Cosipore Oil Mill is, situated at 29/54 Cossipore Road, Calcutta.' Mustard -foil is manufactured there from mustard seeds., On December 28, 1968, one Food Inspector of the Corporation visited the mill and found mustard seeds stored there.. He took samples from the said mustard seeds and on analysis the mustard seeds were found to be adulterated. The defence was that the mill did not sell mustard seeds, but the mustard seeds were stored there for purposes of manufacturing mustard oil. Mustard seeds are purchased from the market and before they are used for manufacturing mustard oil they are cleaned and sieved. When the Food Inspector visited the oil mill, the mustard seeds were in the actual process of being sieved. The mustard seeds were not, therefore, stored there as food for human consumption, and so there was no offence. The learned Magistrate, as I have said, acquitted the accused Dwijendra Nath Paul.;