( 1 ) THE appellants before me have been convicted by the local third Municipal Magistrate under Sections 461/537 of the new Calcutta Municipal Act (1951) corresponding to Sections 406/488 of the old Act of 1923. Appellant 1, Nishi Kanta Ghosh, is the Managing Director of Dwarik's Sweets (India) Ltd. , a well-known confectionary firm of this city and the other appellant, Paritosh Banerjee, is the salesman at the Harrison Road shop of that firm. On 10-4-1951, at the instance of food inspector Sailesh Sen a complaint was lodged against the accused under Sections 406/412/488 of the old Calcutta Municipal Act, 1923, then in force, for an alleged offence of"storing for sale on 20-2-1951, Poori fried in ghee, the ghee extracted from which on analysis was found to be adulterated with foreign fat not exclusively derived from milk",and after some procedural delay summonses were issued and served upon them, and on 16-11-1951, they entered appearance, -- accused 1 Nishi Kanta through an agent, and accused 2 Paritosh personally, -- and at the examination under Section 242, Criminal P. C. they both pleaded 'not guilty'. On 4-1-1952, accused Nishi Kanta appeared personally,