P.C.BOROOAH, J. - (1.) THE second petitioner is the Chairman of M/s. G. Atherton and Co. Private Ltd. (the petitioner No. 1) and petitioners Nos. 3, 4, 5 and 6 are the Directors and petitioner No. 7 is the Godown Keeper of the said company at 21, R. N. Mukherjee Road, Calcutta.
(2.) ON Dec. 23, 1975 one Food Inspector of the Corporation of Calcutta by the name of Dr. B. Rai Chowdhuri inspected the godown of the company at the aforesaid premises and seized from the petitioner No. 7 thirty cases of Horlicks, each containing 24 bottles with the exception of one case which contained 21 bottles. One bottle was sent to the Public Analyst for examination and the Public Analyst gave a report to the effect that the sample of Horlicks which he examined was packed in a glass bottle on which there was a printed paper label bearing a statement 'Throughout the world Horlicks enjoys the confidence of the medical profession' and as such R. 39 of the Prevention of Food Adulteration Rules had been infringed and hence it was mis -branded.
(3.) ON the aforesaid allegation a petition of complaint was filed on Feb. 2, 1976 against the petitioners on behalf of the opposite party in the court of the Metropolitan Magistrate and Magistrate First Class, Calcutta. The learned Magistrate by an order dated Feb. 2, 1976 took cognizance on the basis of the said complaint and ordered the issue of summons against the petitioners. This order has been challenged in this Rule.;