DASARATH SINGH Vs. STATE

JUDGEMENT

(1.) The appellant was tried by a Presidency Magistrate of Calcutta upon two charges under Sections 420 and 486, Penal Code. He was acquitted of the charge of cheating under Section 420, but was convicted under Section 486 and sentenced to pay a fine of Rs. 250/-, in default, to suffer rigorous imprisonment for one month.

(2.) The facts briefly stated are that on 6-7-1954 the appellant's shop at Raja Katra styled Sinha Bros. was searched in the presence of witnesses. Two cartons of Sunlight Soap marked Exts. II and III containing the cakes in waxed paper bearing label "Sunlight Soap - Lever Bros. (India) Ltd." were recovered. At the time of the search there was an Expert from Lever Bros. to help test whether the cakes were genuine or not. It appears the cakes were later sent for chemical examination and report was received in due course which revealed that they were not genuine Sunlight cakes it having been considered that they were inferior stuff and attempted to be passed oft as genuine Sunlight Soap of Lever Bros. Ltd.

(3.) The appellant pleaded not guilty to the. charges and the defence was that there was no intention to cheat; furthermore on the evidence in the case the elements of an offence under Section 486 had not been established. No defence witnesses were examined.