Judgment

RAGHUBAR DAYAL, J. : This is an appeal by special leave against the order of the Calcutta High Court affirming the conviction of the appellants Messrs. Madan Mohan Damma Mal Ltd., and Om Prokash Manglik, its Manager, under S. 462 of the Calcutta Municipal Act, 1951 (West Bengal Act XXXIII of 1951), hereinafter called the Act.

2. The facts leading to this appeal are that Messrs. Madan Mohan Damma Mal Ltd., (hereinafter called appellant No. 1), sent a consignment of mustard oil, about 499 maunds in weight, from Firozabad, the place of manufacture, to itsen, at Calcutta, on December 25, 1954, in tank wagon No. 75612. This wagon was placed at the Pathuriaghat siding at Calcutta at about 8-45 a. m., on January 3, 1951. Dr. Nityananda Bagui, Food Inspector of the Calcutta Corporation, accompanied by certain police officers, went to that siding and took three samples of mustard oil contained in this wagon, after arranging with Om Prokash Manglik, appellant No. 2, who was found near the wagon, the purchase of 12 ounces of oil for annas eight. He took the sample of oil in three phials. They were properly sealed. One of them was given to appellant No. 2. The other two were kept by Dr.