B.N.MAITRA, J. - (1.) THE case for the prosecution is that on 4 -12 -1971, Dr. H. S. Mondal, Food Inspector, inspected the godown of the accused No. 1, Dilaver Khan Rahim Khan & Co. (Pvt.) Ltd., at 9/4, Mtmshigunge Road, Calcutta. He found that tea was stored and exposed for sale as an article of food. He served a notice and took samples of tea after observing all the legal formalities. He seized and sealed 750 gms. of tea kept in 25 gunny bags. He also seized and sealed about 500 kgs. and 600 grams of materials which could be used as an adulterant of tea. He sent one of the samples of tea to the Public Analyst, who reported the same to be adulterated. Then the written consent of the Health Officer, Corporation of Calcutta, was obtained. It has been alleged that the accused No. 2 is the Director and the accused No. 3 the seller and godown keeper.
(2.) TWO charges were framed against the three accused. The first one is under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, for storing and exposing for sale for human consumption tea in 25 bags. There was also another charge under Section 16(1)(d) of the Act because the three Accused had in their possession 500,600 kgs. of a material kept in 20 chests and it was tea -like. The defence was that the accused were not guilty.
(3.) THE learned Senior Municipal Magistrate accepted the prosecution version, convicted the accused only regarding the first charge under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, sentenced the accused No. 1 i. e., the Company, to pay a fine of Rs. 2,000/ -. The accused No. 2 was sentenced to undergo R.I. for three years and also to pay a fine of Rs. 2,000/ -, in default to suffer R.I. for six months. The accused No. 3 was sentenced to undergo R.I. for three years and to pay a fine of Rs. 2.000/ - in default to suffer R.I. for six months. Hence this appeal by the three accused.;