- (1.) This appeal is directed against a conviction under Sections 462/537 of the Calcutta Municipal Act, 1951, and a sentence of fine of Rs. 1,000 each on Appellants Nos. 2 to 5, there being no separate sentence on the firm, Appellant No. 1, of which Appellants Nos. 2 to 4 are the partners.
(2.) The facts leading to the prosecution are briefly as follows: Appellant No. 5, Messrs. Kamalapat Oil Mills, despatched from Kanpur to Calcutta in a Railway tank wagon 442 maunds of mustard oil which reached the destination. Rathtala Nandibari Railway Siding, Chitpore Area, Calcutta, on or about July 5, 1954. Of this consignment the consignor in the relative Railway Receipt was the said Appellant No. 5, Messrs. Kamalapat Oil Mills and consignee was self." The Railway Receipt, however, bears two endorsements, authorising delivery of the consignment in question to the endorsee,-the first by Appellant No. 5, Messrs. Kamalapat Oil Mills in favour of the Imperial Bank of India and the second by the Imperial Bank of India, Calcutta, in favour of Appellant No. 1, Sri Sheo Gouri Oil Mills, and from the Railway authorities delivery of the oil was taken on behalf of the firm, Appellant No. 1. Sri Sheo Gouri Oil Mills, on July 6. 1954.
(3.) In the meantime, one Narendra Nath Sen. an employee of the V.P. Oil Millers Association, had sent a letter to the Deputy Commissioner of Police, Enforcement Branch, Calcutta, requesting him to examine the above consignment of mustard oil and, the same having been communicated to the Calcutta Corporation, P.W. 1 Dr. S.K. Ghosh, a Food Inspector in the employment of the Corporation, was deputed to take samples for purposes of analysis.;