Beg, J. - (1.) (for himself and Untwalia, J.) These two criminal appeals, after certification of the cows as fit for decision by this Court, under Article 134 (1) (c) of the Constitution, arise out at the prosecution of M/s. Bhagwan Das Jagdish Chander, Ghee merchants and Commission Agents at Delhi under Sections 7/16 of the Prevention of Food Adulteration Act. 1954 (hereinafter referred to as the Act). The appellant was prosecuted jointly with Laxmi Narain, the vendor, of 450 gms. of ghee to a Food Inspector, on 22-8-1967. On analysis, the sample was found to be adulterated. Laxmi Narain, a partner of M/s. Laxmi sweets. Delhi in defence, successfully relied upon section 19 (2) of the Act and was acquitted. Section 19, which reads as follows, may be set out here in toto:"19 (1) It shall be no defence in a prosecution for an offence pertaining to the sale of any adulterated or misbranded article of food to allege merely that the vendor was ignorant of the nature, substance or quality of the food sold by him or that the purchaser having purchased any article for analysis was not prejudiced by the sale. (2) A vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves- (a) that he purchased the article of food- (i) in a case where a licence is prescribed for the sale thereof from a duly licensed manufacturer, distributor or dealer; (ii) in any other case, from any manufacturer, distributor or dealer, with a written warranty in the prescribed form; and (b) that the article of food while in his possession was properly stored and that he sold it in the same state as he purchased it. (3) Any person by whom a warranty as is referred to in Section 14 is alleged to have been given shall be entitled to appear at the hearing and give evidence".
(2.) Section 14 of the Act, to which reference was made in Section 19 (3) says: "S. 14. No manufacturer, distributor or dealer of any article of food shall sell such article to any vendor unless he also gives a warranty in writing in the prescribe form about the nature and quality of such article to the vendor. Explanation. -In this section in Sub-section (2) of Section 19 and in Section 20A the expression "distributor" shall include a commission agent"
(3.) In the course of the trial Laxmi Narain filed an application praying that the warrantor may be discharged or acquitted so that Laxmi Narain may examine the warrantor as his defence witness to prove his as own purchase of the offending article under a warranty. It may be mentioned that, as the complaint describes, the warrantor accused as "M/s Bhagwan Das Jagdish Chander through an authorised person",appearance was put in by Jagdish Chander a partner, as the accused person responsible on behalf of the firm.;