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1968 Supreme(Cal) 11

T.P.MUKHERJI
POLSAN LTD. – Appellant
Versus
CORPORATION OF CALCUTTA – Respondent


Advocates Appeared:
ARUN KUMAR MUKHERJI, N.C.BANERJI, Purnendu Sekhar Basu

T. P. MUKHERJI, J.

( 1 ) APPELLANT No. 1 M/s. Poison Limited and appellants Nos. 2 and 3, employees of the firm at Calcutta, filed this appeal against their conviction under Sections 16 (1) (a) (i)/7 (i) of the Prevention of Food Adulteration Act by a Municipal Magistrate at Calcutta, Appellant No. 1 has been sentenced to pay a fine of Rs. 2,000/- while appellants 2 and 3 have been sentenced to pay a fine of Rs. 1,000/- each, in default, to simple imprisonment for three months. The subject-matter of the prosecution was ghee which on chemical analysis was found to be adulterated in the sense that the moisture content therein and the oleic acid content also, exceeded the standard as prescribed in A 11. 14 of Appendix I to the Rules framed under the P. F. A. Act. The standard for moisture content prescribed for West Bengal is 0. 3% while that prescribed for oleic acid is 3%. The result of analysis in the present case disclosed a moisture content of 1% and oleic acid content of 4. 2%. The learned Magistrate on a finding that the sample did not conform to the standard prescribed by the Rules under the P. F. A. Act convicted appellant No. 1 the company and also appellants 2 and 3 as per










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