JAGADISH PROSAD GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners were convicted under section 16 (1) (a) (i) read with section 7 (1) of the Prevention of Food Adulteration Act (Act 37 of 1954 ). Each was sentenced to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three months. The petitioners' appeal against the said convictions and sentences was dismissed by the learned Additional Sessions Judge.

(2.) THE subject matter of the charge was a quantity of mustard seeds said to have been adulterated. Petitioner No. 1 Jagadish Prosad Gupta was the manager and petitioner No. 2 Sreelal Bajoria was a partner of Sree Krishna Oil Mills at Tantigaria, Midnapore.

(3.) THE prosecution case was that on the morning of February 15, 1957, a Food Inspector of the District Board of Midnapore visited the premises of the Oil Mills and took a sample from a bag of mustard seeds out of a large number of bags of mustard seeds stacked on a verandah of the Mills. This sample was divided into three parts, one of which was sent to the Public Analyst, one was taken away and the third left with petitioner No. 1. This sample, when analysed, was found to contain ash slightly in excess of what the law permitted. In due course the petitioners were tried and convicted as aforesaid.