GIRIDHARI BALLANI Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) This Appeal is by the accused Girdhari Ballani against his conviction under 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954 by a Municipal Magistrate, Calcutta. He was sentenced on conviction to pay a fine of Rs. 400 in default whereof he has to undergo rigorous imprisonment for four months.

(2.) The appellant works as an accountant in a Jama temple situated at 27, Polok Street, Calcutta. P. W. 3 Mansuklal Dessi is an honarary secretary of the temple. On 20-8-63 a Food Inspector of the Calcutta Corporation visited the temple at about 3 P. M. to work out some information given by one Sk. Khoda Bux. The secretary of the temple (P. W. 3) arrived there on receipt of a message by phone and in his presence P. W. 1 seized four tins of ghee which were in the process of being removed from a room inside the temple. The appellant on getting information came there and he claimed before the Food Inspector that he was the owner or the ghee. P. W. 1 took two samples of the seized ghee in their presence after observing usual formalities required by law. The samples sent to the Public Analyst were found by the latter to be highly adulterated as will appear from the following report submitted by him:

(3.) The prosecution was thereafter launched by the Corporation of Calcutta against the accused Giridhari Ballani under Section 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act (which for the sake of convenience we will heretoafter refer as simply the Act) on the allegation that the accused stored/exposed for sale ghee at 27, Polok Street which was found to be adulterated by the Public Analyst.