(1.) THIS is a Revision Petition directed against the order of an Additional Sessions Judge, Burdwan, upholding the convictions and sentences of the petitioners under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954,
(2.) THE prosecution case is that the Food Inspector of the Municipality of Asansol went to the shop of the petitioners on the 12th April, 1957, at about 9'O clock in the morning accompanied by a Sub -Inspector of Police. The Food Inspector purchased 6 chhataks of musturd oil from the petitioners, who were in the shop at that time looking after their business, and paid The price thereof. There was another person in the shop who was called as a witness by the Food Inspector to be present at the time when the sample of musturd oil was purchased. After observing all formalities he divided the oil into three parts and packed and sealed them. One phial was handed over to the petitioners and two other phials were taken away by the Food Inspector who sent one of the two phials to the Public Analyst for necessary action. On analysis the oil was found to be adulterated by the Public Analyst. Thereafter the prosecution was instituted by the Administrator of the Municipality.
(3.) THE petitioners pleaded not guilty. The defence was that the oil was not seized from the shop but from a room at the back of the shop, that the provisions of Section 10(7) of the aforesaid Act were not properly complied with, and that petitioner Ganesh Lal Shaw was not at the shop at the material time.