( 1 ) THIS Revisional Application is directed against the order of a learned Municipal Magistrate of Calcutta rejecting the petitioner's objection that he is not liable to be tried again for haying committed an offence in respect of which he was tried once before and convicted.

( 2 ) THE question involved is not only interesting out one of some public importance. The prosecution case is that the petitioner Shankarial Agarwalla is the proprietor of a firm dealing in ghee etc. having its godown at 151a, Cotton Street, Calcutta. On the 11th August, 1959, three Food inspectors of the Corporation of Calcutta, namely, Sri S. S. Kundu, Sri A. B. Mazumdar and Sri A. K. Poddar visited the godown some time between 10 o'clock in the morning and took three samples of ghee of 12 ounces each from three lots of tins. After complying with the necessary formalities they sent the samples to the Public Analyst for analysis. On analysis the samples were found adulterated. Thereafter three complaints were filed before the Municipal Magistrate of Calcutta in respect of the three lots of tins of ghee from which the samples were taken. In case No. 1721d of 1959 the offence complained