- (1.) THE appellants Durgamata Oil Mill, hereinafter referred to as the Firm and Kishor mohan Roy have been convicted under section 16 (1) (a) (i) read with section 7 (i) of the Prevention of Food Adulteration Act, 1954, by the Additional chief Presidency Magistrate vested with first class powers. The appellant mo. 2, Kishori Mohan Roy, has been sentenced to suffer rigorous imprisonment for three years and also to pay a fine of Rs. 2000/-, in default, to suffer rigorous imprisonment for a further period of one year. The appellant mo. 1, the Firm, has not been sentenced for the conviction.
(2.) TO be brief, the prosecution case was that on 24. 12. 68 at about 2 P. M. the Food Inspector visited the shop, godown and the Mill of Durgamata oil Mill at 243, Acharya Prafulla chandra Road, Calcutta. The accused kishori Mohan was found present there as the seller and person in charge of the said Firm. The. Food Inspector disclosed his identity and expressed his intention to take sample from mustard oil and mustard seed stored and exposed for sale there. The Food Inspector took sample of some quantity of mustard oil and mustard seed in presence of the local witness called for the purpose and observed formalities. One part of the sample of the articles was sent to the Public Analyst for analysis and report. The samples of mustard oil and mustard seeds were sold to the food Inspector and out of the articles sold as sample one part as already stated was sent for analysis. It was found that the mustard seed and the mustard oil were adulterated with argemone seeds and argemone oil respectively. The learned Magistrate issued processes and charges were framed. One of the partners was, however, discharged. The charge was framed only against Kishori Mohan. The defence, as it appears from the trend of cross-examination and the statement of the accused at the time of trial, is that the sample in respect of the mustard oil was not taken from the stock manufactured by the company. It has been alleged that the sample was taken out of the mustard oil kept in tins upon a lorry which was sent for taking delivery of the mustard oil manufactured by the firm. It has been further alleged that the mustard seeds were stored there for screening to avoid argemone and for which there were two machines in the mill and in fact the seeds were not meant for sale it also appears that a further case was that the mustard seeds were kept there as rejected stock being found adulterated and not for use. The learned Magistrate on hearing the witnesses examined on the side at the prosecution and also by the accused came to the finding that the oil seeds were adulterated with argemone seeds and the mustard oil seized from the stock of the Firm was also adulterated due to the presence of the Argemone seed oil. This has been supported by the Analyst. The learned Magistrate found Kishori Mohan Roy, one of the appellants, guilty under section 16 (1) (a) (i) read with section 7 (i) of tine prevention of Food Adulteration Act and sentenced as already indicated. He has also convicted the Firm under the same section but no punishment has been awarded.
(3.) WE have heard Mr. Banerjee, learned Counsel on behalf of the appellants, Mr. Bose for the Corporation of Calcutta and Mr. Mukherjee for the State.;