Judgement

MUDHOLKAR, J. (For himself and P. Satyanarayana Raju, J.) : This is an appeal by certificate from a judgment of the High Court of Calcutta setting aside the acquittal of M/s. Baburally Sardar of Steward Hogg Market, Calcutta appellant No. 1 and of Abdul Razzak, a partner of that firm appellant No. 2, in respect of an offence under S. 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 read with S. 7 (i) of that Act. The facts which are not in dispute are briefly these: On June 1, 1960 a Food Inspector of the Corporation of Calcutta visited the shop of the appellants. At that time Abdul Razzak was in charge. He took samples of Comela Brand condensed milk from the shop, one of which was sent to the Public Analyst. Upon an analysis made by the Public Analyst the milk fat content of the condensed milk was found to be 3.4 per cent which did not conform to the prescribed standard in respect of condensed milk. A complaint was thereupon lodged against the firm before the Municipal Magistrate and Additional Chief Presidency Magistrate, Calcutta. Apart from the firm five other persons, including Abdul Razzak were also named as accused persons. One of the accused persons,