CORPORATION OF CALCUTTA Vs. ALGU SHOW

JUDGEMENT

(1.) THIS Rule arises at the instance of the Corporation of Calcutta against the order passed by the Senior Municipal Magistrate and Metropolitan Magistrate end Judicial Magistrate 1st Class, Calcutta, discharging three accused persons under Section 245 of the Criminal Procedure Code and releasing the seized stock of Kalojira in favour of the accused persons.

(2.) ON the 23rd July, 1975, Food Inspector Sri S. N. Ghosh. who is an employee of the Corporation, visited the spices shop of the opposite parties situate at 233/1 Meharshi Devendra Road, Calcutta. He demanded inspection and after inspection seized the stock of Kalojira amounting to 10 Kg which had been kept in the grocery shop of opposite parties for sale for human consumption. Sample was duly taken by the Inspector and the same was sent to the public analyst for examination. The report of the public analyst showed that on the basis of his physical examination, the extraneous matter found amounted to 3.20 per cent, inorganic extraneous matter amounted to 2.58 per cent and edible seeds other than black cumin, that is, Kalojira was found 0.88 per cent. On the basis of that finding, a complaint was filed before the Magistrate and a case was started against the present opposite parties. In the petition of complaint that was filed it was stated that the complaint was under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act (Amendment Act 1964 -Act 49 of 1964 -August/64) read with Section 7 of the said Act.

(3.) BEFORE the learned Magistrate one witness was examined following the warrant procedure. After considering the evidence of the witness the learned Magistrate was of opinion that no prima facie case was made out against the accused persons before him for prosecution under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954, and he discharged the accused persons.