Case Note & Summary
The case involved an appeal by Messrs. Madan Mohan Damma Mal Ltd. and its manager against their conviction under Section 462 of the Calcutta Municipal Act, 1951 for storing adulterated mustard oil for sale. The appellants had sent a consignment of mustard oil from Firozabad to Calcutta, where it was inspected by a Food Inspector who found it adulterated. The appellants contended that they had arrangements in place to ensure the oil was pure before sale, which they argued rebutted the presumption of storage for sale. The court analyzed the evidence, including the arrangements made with the U.P. Oil Millers Association and the lack of a clear statement regarding the fate of the oil if found impure. The court found that the presumption under the Act had not been effectively rebutted, as the arrangements were deemed insufficient and merely a device to complicate detection of adulteration. The court upheld the conviction, emphasizing that the appellants were in possession of the adulterated oil and had not provided adequate evidence to counter the presumption of storage for sale. The appeal was dismissed with costs.
Headnote
A) Food Law - Presumption of Storage for Sale - Rebuttal of Presumption - Calcutta Municipal Act, 1951, Section 462 - The court held that the presumption that the mustard oil was stored for sale was not rebutted by the appellants, as their arrangements and communications did not sufficiently indicate that the oil would not be sold if found impure. The evidence presented did not establish a credible rebuttal of the presumption under the Act. Held that the conviction was correct (Paras 1-2).
Issue of Consideration
Whether the presumption that the mustard oil was stored for sale was rebutted by the appellants.
Final Decision
The Supreme Court dismissed the appeal, affirming the conviction of the appellants under Section 462 of the Calcutta Municipal Act, 1951 for storing adulterated mustard oil for sale.
Law Points
- food adulteration
- presumption of storage for sale
- rebuttal of presumption
- Calcutta Municipal Act
- 1951
- penalty as business expense
