( 1 ) THIS revision petition is directed against the order of a learned Municipal Magistrate of Calcutta convicting the petitioners under Section 7 (1)/16 (1) (a) (i) of the Prevention of Food Adulteration Act. Petitioner No. 1 Messrs. Netai Chandra and Surendra Nath Dey alias Netai Charan Dey Surendra Nath Dev was sentenced to pay a fine of Rs. 100 Petitioners 2 and 3 were sentenced to undergo rigorous imprisonment for three months each. Two other persons, namely Netai Chandra Dey and Shyam Sundar Dey were also tried along with the petitioners but they were acquitted.

( 2 ) THE case for the prosecution is that on 22nd June 1981 Dr. A. B. Mazumdar, Food Inspector of the Corporation of Calcutta, went to the petitioners' firm and expressed his intention to take samples of mustard oil. He took two samples after complying with all formalities and sent samples to the Public Analyst for analysis and report. On receipt of his report that the samples were adulterated the accused persons were prosecuted and placed upon trial.

( 3 ) THE accused persons pleaded not guilty. Their defence is that petitioner No. 1 is a wholesale dealer in edible oils and it was granted a l