Splitting up a single act of storing adulterated ghee into different acts based on brands and launching separate prosecutions is not permitted, and subsequent prosecutions for the same offense are barred under Section 403 of the Code of Criminal Procedure.

( 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 of is as follows.-"storing and keeping for sale ghee [bisweswar] on 11-8-59 which on analysis was found that it does not corform to the standard in respect of B. R. reading moisture and Reichert value. Further it contains sesame oil. Hence it is adulterated. F. I. No. 7305/48. Lab. No. 1286. Report No. S/175". This complaint was at the instance of Sri S. S. Kundu Food Inspector, and it was filed before the Municipal Magistrate on the 11th September, 1959. The complaint is said to be in respect of the lot of five tins of "biswaswar" brand ghee of one seer each from which sample of 12 ounces was taken by Sri Kundu.

( 3 ) ANOTHER complaint was filed on the same day, namely, the 11th September, 1959, by the Food Inspector A. B. Mazumdar and the offence complained of is as follows:-"for keeping for sale and selling cow ghee (Lakshmi Brand) on 11-8-59, sample of which on analysis is found that the sample of cow ghee does not conform to the standard in respect of B. R. reading. Reichert value due to the presence of excessive amount of foreign fat containing sesame oil. It is therefore highly adulterated. F. I. No. 55/6543. Lab. No. 1285. Analyst Report No. SD/ 671". This complaint was in respect of "lakshmi" brand ghee which was in three containers, one container of five seers and two containers of 21/2 seers each. From this lot 12 ounces of sample were taken by Food Inspector A. B. Mazumdar.

( 4 ) THERE was another lot of 10 seers of cow ghee without any brand from which 12 ounces of sample were taken by Food inspector A. K. Poddar. That case was for keeping for sale and selling cow ghee. In that case which had been filed on the 28th August, 1959, the present petitioner pleaded guilty and on that plea he was convicted on the 4th December, 1959, under Section 7 (i) read with Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954, by a learned Municipal Magistrate of Calcutta and sentenced to pay a fine of Rs. 150/ -.

( 5 ) ON the petitioner's behalf it is argued by Mr. Dutt that the offence in all the cases is one and the same, namely, the offence of storing for sale or selling adulterated ghee on the 11th August, 1959, at about 10. 30 O' clock in the morning. Mr. Dutt further contends that the stock of ghee was kept in the petitioner's godown which is a very small place beneath the staircase and that the offences could not be distinct offences simply because three food Inspectors happened to go to the go down and take three samples from two lots of ghee of 2 brands and one lot of ghee without any brand, the three lots being kept apart obviously for the purpose of distinguishing them. Mr. Dutt contends that in Appendix 'b' to the Rules under the Prevention of Food Adulteration Act the standard of quality of ghee has been prescribed and