Kedarnath Daruka vs Corporation of Calcutta

Chunder, J.—This appeal is on the question of sentence. The appellant is a doctor who has a dispensary in Burrabazar. In his dispensary was found a bottle of olive oil which it is admitted was found on examination to be adulterated with ground-nut oil. The doctor pleaded guilty and was willing, as the learned Magistrate says, to point out the source from which he got it. The learned Magistrate says :........ "but none there is to go to that place just to stop such adulteration." The doctor was not even asked a question when the adulterated olive oil was found in his dispensary as to where he got his supply from and nothing was done, as the learned Magistrate says, to stop the source of such adulteration. The learned Advocate, appearing on behalf of the Corporation of Calcutta, says that later on after this trial the place was searched but no oil was found and the place is within the jurisdiction of the Tollygunge Municipality. This case is an example why adulteration of food and drugs goes on in this city and nothing really stops it. A heavy fine on the person who was himself duped by the dealer is certainly not the way to stop such adulteration of food and drugs.

Therefore, a fine of Rs. 500 on the doctor is very much excessive and I reduce the fine to Rs. 100. The excess fine, if paid, is to be refunded.

I fully agree with the learned Magistrate that the conduct of public authorities connected with stopping such adulteration does not deserve praise from anybody. Rational and prompt action is necessary. The appeal accordingly is allowed and the sentence is modified as has been stated above.