R. P. MOOKERJEE, J. :- This is an application in revision against an order under S. 421, Calcutta Municipal Act passed by the Municipal Magistrate directing the destruction of certain tinned jam, marmalade etc., belonging to the petitioners defendants and at their cost, on the finding that the seized stock was unfit for human consumption.

2. Proceedings out of which the present rule arises were initiated on a complaint, under S. 421, Calcutta Municipal Act, hereafter referred to as the Act, filed by a Food Inspector of the Calcutta Corporation. The allegation was that the entire lot of jam, marmalade etc., packed in tins, which ware stored at 30 Park Lane, Calcutta, had been found on examination to be unwholesome, unsound and unfit for human consumption. Some of the tins had been seized by the Corporation Officer while the remaining quantity of the stock was kept under seal. As required under said S. 421 the seized articles were produced before the Magistrate for inspection, enquiry and necessary orders.

3. After the filing of the complaint notice was given to the petitioners defendants. The defence as set out was that the defendant company had purchased the stock in questio