- (1.) This is a petition for revision of an order of conviction and sentence tinder Section 461 read with Section 537 of the Calcutta Municipal Act, 1951. The prosecution case was that Petitioner Shri Narayan had stored for sale a large quantity of vegetable oil found to have been adulterated within the meaning of Section 461 of the Act and that Petitioner Tej Ram, who was an employee of Shri Narayan, sold a quantity of that oil to a Food Inspector of the Calcutta Corporation.
(2.) Shri Narayan carried on business as a wholesale dealer in. vegetable oil at 54/B Kali Krishna Tagore Street. On July 2,. 1954, a Food Inspector of the Calcutta Corporation purchased a sample of the said vegetable oil, known as Sivaji Brand vegetable oil, which, upon analysis, was found not to contain any Sesame oil. According to Notification No. S.R.O. 780, dated October 21, 1950, promulgated by the Vegetable Oil Products Controller, in exercise of powers conferred upon him by Clause 4(1) of the Vegetable Oil Products Control Order, 1947, at least 5 per cent. Sesame oil was required to be adulterated with vegetable oil product. Indeed, by the Notification concerned there was a prohibition to manufacture, stock or sell any vegetable oil which did not conform, inter alia, to the following proportion: It shall contain raw or refined Sesame oil (til) not less than 5 per cent......
(3.) The failure to conform to the condition as to 5 per cent, of Sesame oil being mixed with or added to vegetable oil product brought the case within the mischief of Section 461 of the Calcutta Municipal Act. The material part of Section 461 of the Calcutta Municipal Act is in these terms: No person shall directly or indirectly, himself or by any other person on his behalf, sell, expose or hawk about for sale, or manufacture or store for sale, any food or drug which is adulterated or misbranded.;