N. C. Mukherji, J. :- This Rule arises on an application under S.482 read with S.401 of the Code for quashing a proceeding being Case No. ID of 1977 under S.16(1)(a)(ii) read with S.7 of the prevention of Food Adulteration Act, 1954 pending before Shri S.K. Kar, Metropolitan Magistrate, 4th Court, Calcutta. This Rule is also against an order passed on Mar. 22, 1977 rejecting the petitioners' application for discharge in the aforesaid case and all subsequent orders passed in the aforesaid case.

2. On Mar. 2, 1977 one Soumya Bikash Bose, Food Inspector of the Corporation of Calcutta filed a petition of complaint under S.16(1)(ii) of the Prevention of Food Adulteration Act read with S.7 of the Act before the learned Metropolitan Magistrate. The allegation was that the complainant inspected the shops/godown Manufactory of the accused on April 10, 1976 and found Atta exposed for sale. Some quantity of the said Atta was purchased. Some part was sent to the public Analyst and on receipt of the report it was found that the Atta was adulterated/unfit for human consumption. It is contended by the Ld. Advocate for the petitioners that S.11 was amended by Amendment Act of 17-2-1976 and