S.N.Guha Ray, J. - (1.) The first appellant Messrs. Kothari and Co., is a firm of which appellants Nos. 2 and 3 are partners. The firm is a wholesale dealer in spices and has its godown at 14, Portuguese Church Street, Calcutta. On the 10th July 1954, Dr. A.C. Biswas, witness No. 1 for the prosecution, a Food Inspector of the Corporation of Calcutta visited the godown of the firm and found a large stock of black pepper in two separate lots. Appellants Nos. 2 and 3, the partners of the firm told him that the stock was meant for sale. The Food Inspector then purchased 6 chhataks of black pepper from each lot, divided each of the two samples into three equal parts, handed over one part of each to the partners of the firm, kept one part of each to himself and sent the other part of each to the Public Analyst for examination and report. Dr. Ghosh, witness No. 2 for the prosecution analysed one sample and Dr. Chatterjee the other. Their reports are Exs. 5 and 6 respectively. According to Ex. 5 the sample; is devoid of kernels to the extent of 42 per cent. and the total ash content was 5.2 per cent. According to Ex. 6 the sample was devoid of kernels to the extent of 33 per cent, and the total ash content was 6.1 per cent. On receipt of these reports the entire stock of black pepper was seized and the packets containing them were sealed and kept in the custody of the appellants on their executing necessary bonds. The prosecution case is that the appellants stored for sale and sold black pepper in two lots, one of which was found to contain berries devoid of kernels to the extent of 42 per cent. and the other of which contained berries de void of kernels to the extent of 33 per cent, and thereby they committed an offence under Section 461 read with Section 537 of the Calcutta Municipal Act, 1951.
(2.) The defence was a plea of not guilty to the charge, the case of the accused being that if the sample contained a large percentage of berries without kernels, that was a natural phenomenon and not the result of any process of abstraction by human agencies so that it did not come within the mischief of the definition of adulterated food in Section 5(l)(c)(iii).
(3.) The learned Magistrate found that kernels had been squeezed out from the berries which were without kernels and therefore the black pepper was adulterated. He accordingly convicted all the appellants and fined each of the partners Rs. 300 under Section 461 read with Section 537 of the Calcutta Municipal Act, but no separate sentence was passed on the firm.;