JUDGMENT :- This is an appeal by the Express Dairy Limited against an order of conviction passed by Sri N.K. Ghose, Municipal Magistrate, Calcutta, convicting the Company of having committed an offence punishable under S. 407 read with S. 488, Calcutta Municipal Act. In short, the company was charged with storing for sale adulterated milk. The company has been sentenced to pay a fine of Rs. 500. Various defences were taken in the Court below. On the merits the defence was that the milk was not adulterated and in support of that various points were raised regarding the method of the examination of the milk.

2. Having regard to the decision at which I have arrived, it would not be proper for me to consider the merits of the case. Mr. Das appearing on behalf of the company points out to me that there was no examination of the company in accordance with the provisions of S. 342, Criminal P.C. He further points out that the provisions of S. 242, Criminal P.C., were not also observed. On these grounds he says that the whole trial has been vitiated. His argument is that by virtue of the provisions of S. 5, Criminal P.C., the offence with which the Company has been charged should have been

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