JAGNESWAR SEN GUPTA Vs. GOPAL CHANDRA SAHA

JUDGEMENT

(1.) THIS is an appeal filed on be -half of the Agartala Municipality by its Food Inspector against the acquittal of the respondent Gopal Chandra Saha by the Sessions Judge in Criminal Appeal No. 70 of 1958. The respondent was convicted in Criminal Case No. 217 of 1958 by the first class Magistrate, Agartala under Section 16 of the Prevention of Food Adulteration Act, 1954 and sentenced to a fine of Rs. 51/ -. But on appeal he was acquitted by the Sessions Judge.

(2.) THE facts may be briefly stated: - The respondent and one Govinda Chandra Saha were the employees of a Firm called Srikishna Stores Carrying on whole -sale and retail business in mustard oil in Agartala. On 16 -4 -1958 the appellant, the Food Inspector of the Agartala Municipality on receipt of information that the two persons were filling up mustard oil in the godown of the Firm from a big barrel of mustard oil into smaller tins having the embossed marks of the manufacturers of various brands of mustard oil.

(3.) WHAT was argued before the Magistrate was that under Section 20 of the Prevention of Food Adulteration Act, the written consent of the Administrator, Agartala Municipality was not sufficient as he was not the local authority or a person authorised in that behalf by the local authority. But the Magistrate repelled that argument and held that the Administrator was competent to give the written consent. It was also argued before the Magistrate that there was no misbranding of the mustard oil within the meaning of Section 2(ix) and Section 7(ii) of the Act and hence the accused had not committed any offence in filling up the said tins with the oil and in sealing the tins for the purpose of storing them far sale in the shop.