http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
PETITIONER: M/S. MADAN MOHAN DAMMA MAL LTD. AND ANR.
Vs.
RESPONDENT: THE STATE OF WEST BENGAL AND ANR.
DATE OF JUDGMENT: 24/11/1960
BENCH: DAYAL, RAGHUBAR BENCH: DAYAL, RAGHUBAR IMAM, SYED JAFFER SARKAR, A.K.
CITATION: 1961 AIR 1013 1961 SCR (2) 664
ACT: Food Adulteration--Storing adulterated oil for sale--Presumption, rebuttal of--Calcutta Municipal Act, 1951 (W.B. XXXIII of 1951), s. 462.
HEADNOTE: The first appellant No. 1 sent a consignment of mustard oil in a tank wagon from Firozabad, U. P. to itself at Calcutta where it took delivery of the wagon from the railway authorities. The Food Inspector took samples of the oil from the wagon which on analysis were found to be adulterated. The appellants were prosecuted under s. 462 of the Calcutta Municipal Act, 951 for storing adulterated mustard oil for sale. The 665 appellants contended that the presumption under sub-s. (4) of s. 462 that the mustard oil was stored for sale was rebutted in view of certain arrangements between the U. P. Oil Millers Association and the Deputy Commissioner of Police and of a letter written by the appellants to the Association asking that a sample may be taken and tested so that the appellants "may take the delivery of oil only if it is found pure on analysis." Held, that this was not sufficient to rebut the presumption’. that t...