CHAIRMAN, SURI MUNICIPALITY Vs. HIRAN KUMAR SEN GUPTA

JUDGEMENT

(1.) This Rule was issued at the instance of the Chairman, Suri Municipality, upon the opposite parties Hiran Kumar Sen Gupta and Dinesh Chandra Das calling upon them to show cause why the order of Shri S.D. Sett, Magistrate, 1st Class, Suri, dated October 12, 1953, whereby they were acquitted should not be set aside and why such other or further orders should not be made as to this Court might seem fit and proper.

(2.) Mr. Lala appearing on behalf of the Municipality intimates that it has not been possible, despite the best of efforts, to serve the opposite party No. 1 with notice of the Rule. In the absence of such notice the order of acquittal made by the learned Magistrate in his favour cannot possibly be interfered with. Mr. Lala says that he has instructions, in the circumstances, not to press the Rule so far as opposite party No. 1 is concerned. The result is that this order affects only opposite party No. 2 who has appeared to answer the Rule.

(3.) The Sanitary Inspector of Suri Municipality visited the Jubilee market maintained by the Municipality of Suri on June 19, 1953, at about 9 a.m. During the visit the Inspector found that about 25 seers of unwholesome fish, totally unfit for human consumption, were exposed for sale by opposite parties Nos. 1 and 2. The Sanitary Inspector required the opposite parties to destroy the fish but the latter having refused to do so, the fish were seized in three baskets and taken to the Sub-divisional Officer of Suri for examination. On inspection, the fish appeared to be unwholesome to the Subdivisional Officer who, accordingly, ordered their destruction. Thereafter, the Sanitary Inspector made a report to the Chairman setting out the circumstances in which the fish in question were seized and asking for appropriate action to be taken against the opposite parties. The report was made on the very same day, i.e., June 19, 1952.