Judgment

BHAGWATI, J. :- This appeal by certificate is directed against a judgment of the High Court of Calcutta confirming an order passed by the Presidency Magistrate holding that a complaint under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act 1954 (hereinafter referred to as the Act) by the Food Inspector of the Corporation of Calcutta against the respondents was not competent and discharging the respondents. The facts giving rise to the appeal are few and may be briefly stated as follows.

2. The respondents are proprietors of a grocery shop situate in the city of Calcutta. The Food Inspector took samples of turmeric powder sold by the respondents in accordance with the procedure prescribed by the rules made under the Act and sent one of the samples to the Public Analyst for analysis. It was found, as a result of the analysis, that the sample was heavily adulterated and was not fit for human consumption. The Food Inspector on these facts, filed a complaint against the respondents in the Court of the Presidency Magistrate after obtaining the written consent of the Health Officer which was endorsed at the foot of the complaint. The complaint was made in the name