MANI BHAI PATEL Vs. STATE

JUDGEMENT

(1.) These are two appeals from convictions by a Municipal Magistrate.

(2.) The three appellants were charged under Section 407 read with Section 489, Calcutta Municipal Act with storing, exposing and offering for sale tea which on analysis had been found to be adulterated with foreign matter. All the three accused were found guilty and convicted and Rambhai Patel and Manibhai Patel were each sentenced to undergo rigorous imprisonment for two months, and Jashbhai Patel, who was the seller of the tea, was sentenced to pay a fine of Rs. 300. In default he was to undergo simple imprisonment for thirty days. It is from these convictions and sentences that the present appeals have been preferred.

(3.) The appellants Rambhai Patel and Manibhai Patel are partners of a firm carrying on business of tea merchants and Jashbhai Patel was actually concerned in the sale of this tea.