NATHMAL PATODI Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) Criminal Appeal No. 571 of 1964 and Criminal Revision Case No. 1009 of 1964 have been heard together. The appeal arises out of the conviction of the proprietor and the seller of a proprietorial firm under Section 16(1) (a) (1)/7 of the Prevention of Food Adulteration Act 1954 and the sentence of a fine of Rs. 500/- each, in default, rigorous imprisonment for 5 months passed therein. The application in revision was filed on behalf nf the firm which was also an accused in the case and which also was convicted under the above section of the Act. No sentence was, however, passed on the petitioner in the case in pursuance of the conviction.

(2.) On February 13, 1962 a Food Inspector of the Calcutta Corporation visited the shop of the firm Messrs. Mohari Lal Nathmal and seized from inside a bag a sample of zira after observing the necessary formalities. A portion of the sample kept in a separate phial was sent to the chemical examiner and on receipt of the analyst's report that the zira was adulterated, a prosecution was launched against the firm as accused No. 1, against the proprietor as accused No. 2 and against the seller as accused No. 3.

(3.) The defence was that the bag of zira wherefrom a sample was seized by the Food Inspector formed part of a consignment of 26 bags received by the accused firm from a firm called M/s Chiranjilal Joykumar of Rajas-than along with a letter of warranty. On transit some bags suffered damage and compensation was received from the railway in respect of the shortage discovered. The bag from which the sample was taken is alleged to have been one of those damaged bags. It was also the case for the defence that even at the time of the seizure it was given out to the Food Inspector that the consignment was covered by a warranty, as such the accused claimed protection of Section 19 (2) of the P. F. A. Act.