CORPORATION OF CALCUTTA Vs. BALDEO SHAW

JUDGEMENT

(1.) This is an appeal against an order dated 31.12.1992 of acquittal passed by the learned Municipal Magistrate, 4th Court Calcutta in 1983. The respondent herein Baldeo Shaw who was prosecuted under Section 16(l)(a)(2) of the Prevention of Food Adulteration Act was found not guilty by the learned Trial Court and acquitted from the charge. The appellant herein Corporation of Calcutta being dissatisfied with that order of acquittal has preferred this appeal on the grounds that the learned Magistrate erred in providing the respondent with protection under Section 19(2) of the Prevention of Food Adulteration Act.

(2.) The brief fact of the case is that the Criminal action against the respondent was started under Section 16(l)(a) of Prevention of Food Adulteration Act on the basis of a complaint lodged by one B.K. Bhowmik, Food Inspector. It was alleged that on 26.8.1982, at about 1.30 hours, Mr. Bhowmik had been to the grocery shop of the respondent and seized Mona brand spice (chili powder) in closed packet which was stored and exposed for sale, in presence of witnesses.

(3.) The only question to be answered in this appeal whether the learned Trial Court was justified in coming to the conclusion that the appellant is entitled to protection under Section 19(2) of the Act in the background of the case.