Sen, J.

1. On April 20, 1974, the petitioner in this Rule was convicted by a learned Presidency Magistrate (since renamed as Metropolitan Magistrate), Calcutta, under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, read with section 7 thereof and was sentenced to suffer rigorous imprisonment for 6 months and pay a fine of Rs. 1,000/-, in default to suffer further imprisonment for 6 months. It is, however, not in dispute that the cognizance of the offence was taken under the provisions of the old Code of Criminal Procedure, 1898 and the petitioner was so convicted on a trial which had started in the year 1972 and was pending on April 1, 1974, the day the new Code of Criminal Procedure, 1973 (hereinafter referred to as the new Code) came into effect. On May 3, 1974, the petitioner preferred an appeal against the said order of conviction and sentence to the City Sessions Court at Calcutta under section 374 of the new Code. By an order dated July 31, 1975, the learned Judge, City Sessions Court, returned the memo of appeal to the petitioner on the view that the said Court had not the jurisdiction to entertain the appeal on the material date. The learned Ju