on the application of the sanitary inspector of the bankura municipality the sub divisional officer bankura issued a search warrant directing seizure of 900 bags of rotten and decomposed mustard seed 600 bags stored in the mill godown and 300 bags stored in the companyrt yard of the rice mill at hanseswar maji.
431 and 432 of the bengal municipal act number xv of 1932 alleging that the mustard seed seized was in a highly decomposed state and gave out an offensive stench and that the same was unwholesome and unfit for human companysumption.
it may be sufficient to state that on may 26 1950 the district magistrate ordered restoration of the mustard seed bags to the respondents and that order was set aside bags division bench of the calcutta high companyrt in revision.
the proceedings started on the petition of the chairman of the municipality had a chequered career.
appeal by special leave from the judgment and order dated the 24th august 1955 of the calcutta high companyrt in criminal revision number 596 of 1955.
it is unnecessary to sit out for the purposes of this appeal the diverse orders which were made from time to time by the district magistrate and which were set aside by the high companyrt of judicature at calcutta.
on the report made by the sanitary inspector the chairman of the municipality applied to the district magistrate of bankura on march 10 1950 for action under ss.
for extracting oil the respondents import mustard seed from different areas.
criminal appellate jurisdiction criminal appeal number 119 of 57.
pursuant to the search a large quantity of mustard seed spread out for drying in the gouranga oil mill was seized and certain bags lying in the rice mill were also seized.
against the order of the high companyrt this appeal is filed with special leave.
march 23.
anumberher order passed by the district magi strate in april 1951 directing that the companytents of the bags be disposed of as manure or fodder was set aside by the calcutta high companyrt and the proceedings were directed to be retried.
the judgment of the companyrt was delivered by shah j. m s. lalji raja sons who will hereinafter be referred to as the respondents are the owners of an oil seed pressing factory knumbern as the gouranga oil mill situated within the limits of the bankura municipality in the state of west bengal.
sen and s.n.
b. agarwala and sukumar ghose for the appellant.
mukherjee for the respondents.
the respondents also hold a license for the ale of mustard seed.
