JYOTIRMOYEE NAG, SUNIL KANTIKAR
BARSAD ALI – Appellant
Versus
MANAGING DIRECTOR, WEST BENGAL ESSENTIAL SUPPLIES COMMODITIES LTD. – Respondent
Mr. Justice Jyotirmoyee Nag, President — This judgment will coverall the cases as the issues are the same and the evidence in all the cases is the same and they have been heard analogously.
2. A Ration Shop (appointed Retailer) A.R. No. 2555 Garib Bhandar at Buro Shibtala Main Road, Behala, Calcutta-38 sold on Ration Cards in the last mid of June 1988 Rapeseed Oil adulterated with Argemone Oil and Tricreasyl Phosphate both known toxic adultrants to various consumers attached to said ration shop. The Rape-seed Oil was supplied by the Opp. Party No. 1 (West Bengal Essential Supplies Commodities Corpn. Ltd.) to Opp. Party No. 3 Garib Bhandar who in turn worsened the situation by adding another adulterants, TRICRESYL PHOSPHET. The Opp. party No. 2 i.e. the Food & Supplies Department is the controlling authority of both Opp. Party No. 1 & 3.
3. As a result of consumption of the said adulterated rape-seed oil large number of consumers fell ill with complaints of numbness of limbs. The victims were hospitalised and suffered paralysis of limbs. The State Govt. of West Bengal filed Criminal cases against the perpetrators being Behala Case No. 54 of 1988 under Sections 272/273/275/ 328/20
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