B.N. ROY Vs. SHYAM SUNDAR SADHUKHAN

JUDGEMENT

(1.) THIS Rule was obtained against an order acquitting the opposite party Sham Sundar Sadhukhan of a charge under Section 6 (1), Bengal Food Adulteration Act. The order of acquittal was passed by Jonab S. M. A. Meerza, Magistrate, 1st Class, Serampore. Against this order an application was made to the District Magistrate and it was rejected. The Health Officer of the Serampore Municipality then moved this Court and obtained this Rule against the order of acquittal.

(2.) THE case is of a very simple nature and we are of opinion that the order of acquittal cannot stand. The accused has a shop in New Gate Street, Serampore, where he sells mustard oil. Samples of mustard oil exposed for sale in this shop were taken and sent to the Public Analyst. He has made a report which is Ex. 2. Therein it is stated inter alia that argemone oil was present in the sample. Upon this report being furnished the present prosecution was started.

(3.) WE are of opinion therefore that the Court below has misdirected itself on the question of law. The matter is of serious public importance and we are of opinion that in the circumstances we should set aside the order of acquittal and direct a retrial in the light of the observations made above. The retrial shall be held by some other Magistrate who shall be appointed by the District Magistrate of Hooghly in this behalf. I agree.