- (1.) THIS is an appeal by the Corporation of calcutta under section 417 (3) of the Code of Criminal procedure against an order passed by a Presidency Magistrate, calcutta acquitting the accused of the charges under the Prevention of food Adulteration Act, 1954.
(2.) THE prosecution case is as follows : Respondent No. 1, jatish Chandra Saha is the proprietor of an oil mill, respondent No. 2, located at 373 russa Road, Calcutta. On August 12, 1964, Food Inspector Sunil Biswas went to the mill and found therein mustard oil stored / exposed for sale. The Food inspector purchased 375 grams of mustard oil from respondent No. 1 as sample for the purpose of analysis in presence of witnesses. A part of the sample was sent to the public analyst who submitted a report that the mustard oil was adulterated and unfit for human consumption. This prosecution was than started.
(3.) THE defence is that the Food inspector took sample of unfiltered mustard oil which Was not food for human consumption and therefore, no offence under the Food Adulteration act was committed.;