ABDOOLA HAROON Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) THIS is an application in revision against an order under Section 421, Calcutta Municipal Act passed by the Municipal Magistrate directing the destruction of certain tinned jam, marmalade etc., belonging to the petitioners defendants and at their cost, on the finding that the seized stock was unfit for human consumption.

(2.) PROCEEDINGS out of which the present rule arises were initiated on a complaint, under Section 421, Calcutta Municipal Act, hereafter referred to as the Act, filed by a Food Inspector of the Calcutta Corporation. The allegation was that the entire lot of jam, marmalade etc., packed in tins, which were stored at 30 Park Lane, Calcutta, had been found on examination to be unwholesome, unsound and unfit for human consumption. Some of the tins had been seized by the Corporation Officer while the remaining quantity of the stock was kept under seal. As required under said Section 421 the seized articles were produced before the Magistrate for inspection, enquiry and necessary orders.

(3.) IN course of the hearing before the Municipal Magistrate the Health Officer of the Calcutta Corporation as also some of the officers including the Food Inspector and a representative of the Corporation Laboratory were examined on behalf of the prosecution. The defence examined a number of witnesses. On the conclusion of the enquiry the stock seized was declared by the Magistrate under Section 421 (2) of the Act to be unfit for human consumption and was directed to be destroyed at the cost of the petitioners defendants. This rule has been obtained by the petitioner against the orders for destruction passed by the Magistrate.