LAWS(PVC)-1941-3-60

CHAIRMAN, DISTRICT BOARD Vs. SREENIBASH PUROHIT

Decided On March 07, 1941
CHAIRMAN, DISTRICT BOARD Appellant
V/S
SREENIBASH PUROHIT Respondents

JUDGEMENT

(1.) THIS reference must be accepted on the second ground upon which it was made; the accused has been convicted of an offence punishable under Section 6, Bengal Food Adulteration Act, in connexion with two tins of ghee which were seized at the Bolpur Railway Station. The only thing proved against the accused is that he is a partner in the firm to which the ghee was consigned. He has been convicted for storing the ghee for sale. It is quite obvious that it could not possibly be said that he was storing it for sale at the railway station. Apart from any other difficulties pointed out by the learned Judge this particular prosecution is entirely misconceived. The reference is accepted. The conviction and sentence are set aside and the fine, if paid, will be refunded.