Das, J. - (1.) This is an appeal against conviction under Sections 7 (i), 16 (1) (a) (i) of the Prevention of Food Adulteration Act. The appellant, mill, was sentenced to pay a fine of Rs. 2,000/- and the Manager, S. K. Biswas, was sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 2,000/-, in default, to rigorous imprisonment for a further period of six months.
(2.) Prosecution case is as follows :-- The Food Inspector of the Calcutta Cor poration visited Narkeldanga Roller Flour Mills Ltd. at 17/4, Canal West Road, Calcutta on May, 8, 1959 and took samples from stocks of wheat in the godown of the mill. Three samples were taken from three bags and one of these samples was later found to be worm infested and not conforming to the standard in respect of alcoholic acidify. Sanction was obtained and this prosecution was started. The other two samples were found by the analyst to be good.
(3.) The defence is a plea of innocence and a further plea that stock accumulated due to fall in demand and failure of food department, Government of West Bengal, to issue quotas. They were informed and thereafter, quotas were issued and the mill was advised to recondition the flour and release the stock. Reconditioning is a recognised process for removal of dis- parity with standard and it is permitted by the Government and no offence was, therefore, committed.;