Calcutta High Court
Abala Kanta Ghose And Anr. vs Corporation Of Calcutta on 23 February, 1940
Equivalent citations: AIR1940CAL577, AIR 1940 CALCUTTA 577
JUDGMENT Henderson, J.
1. This is a rule calling upon the Municipal Magistrate of Calcutta and the chief executive office of the Corporation of Calcutta to show cause why the conviction of the petitioners under Section 407 Calcutta Municipal Act, Should not be set aside. The prosecution is the most unreasonable one that I have ever seen. The petitioners have been convicted of selling ghee. What they actually sold was singara. It was then sent to an analyst. He purports as a result of his analysis to have obtained some ghee out of it. The prosecution case is that by selling singara the petitioners sold part of the ghee in which it had been fried. The evidence given by the analyst would obviously require very close scrutiny before it could be acted upon. It is not however necessary to consider that because we have no hesitation in holding that if the petitioners were selling singra they were not selling ghee. The rule is made absolute. The convictions and sentences are set aside and the fine, if paid, will be refunded.
Mohamad Akram, J.
2. I agree.