ORDER :- These two rules were issued at the instance of the Corporation of Calcutta in two oases in which two managers of Govt., Stores were proceeded against before the municipal Magistrate of Calcutta under S. 421, Calcutta Municipal Act - Act III [8] of 1923.

2. It appears that several maunds of whole, barley were seized from these two Government Stores and the finding of the learned Magistrate, after an elaborate discussion of all the evidence, is that these were unwholesome, unfit for human consumption and also injurious to public health. The learned Magistrate however, felt himself bound by two decisions, namely, the decision of the Judicial Committee in the case of The Province of Bombay v. Municipal Corporation of the City of Bombay, 73 IA 271 : (AIR (34) 1947 PC 34) and that of this Court in the case of The Corporation, of Calcutta v. Sub Post Master, Dharamtolla Post Office, being Cri. Revn. No. 378 of 1948, D/-7-4-1949 : (AIR (37) 1960 Cal 417), by our learned brothers Rama Prosad Mookerjee and K.C. Das Gupta JJ. The Magistrate following those two decisions held that he had no jurisdiction to order destruction by the Calcutta Corporation of these unwholesome barley which

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