This Rule is at the instance of the claimant-petitioner, Pawan Kumar Gupta, being directed against an order dated 6-12-1972 passed by Shri L. N. Roy, Senior Municipal Magistrate, Calcutta, in Misc., Case No. 44 of 1972, rejecting the claim of the petitioner under Section 88 (6-A), Criminal P.C.

2. The facts relevant for appreciating the points raised can be put in a short compass. A complaint was filed by a Food Inspector of the Corporation of Calcutta before the learned Senior Municipal Magistrate, Calcutta under Section 16 (1) (a) (i) read with Section 7 (1) of the Prevention of Food Adulteration Act, 1954, against one Kailash Chandra Agarwalla, the proprietor of Kailash Stores at 2-A Deshapriya Park Road, Calcutta and also one Gopal Agarwalla described as the person-in-charge of the local affairs of the business and also the seller. Gopal appeared in the case but Kailash could not be apprehended. The learned Magistrate found that the police neglected in executing the writ of proclamation and attachment. Ultimately the shop viz. the Kailash Store was seized and sealed on the strength of the writ of attachment issued on 24-11-1972. The writ of proclamation was also executed