FOOD INSPECTOR OF CALICUT CORPORATION Vs. KANDAGOURI HEMATHLAL CHOWDGAR

JUDGEMENT

(1.) THIS appeal is by the Food Inspector of the Calicut Corporation against the order of acquittal of accused 2 and 3 who along with the first accused were prosecuted in Calendar Case 221 of 1963 for sale of adulte rated milk fruits, an offence punishable under Section 16 (1) (a) read with Section 7 of the Prevention of Food adulteration Act (shortly stated the Act ).

(2.) ON the morning of 31-5-1963, P. W. 1 the Corporation Food Inspector visited the Ujay Ice Fruit Works, Gujarathy street, Calient and purchased 30 milk fruits from the first accused paying its price. They were duly sampled and sent for analysis. The report of the public analyst Ext. P-4 showed that the sample was adulterated as it contained non-permitted coaltar dye. When the accused were questioned the first accused admitted the sale but put forward the plea of warranty Learned Magistrate negatived the plea of warranty and found the first accused guilty of the offence charged and sentenced him to pay a fine of Rs. 100. He has not filed any appeal.

(3.) ON the ground that accused 2 and 3 constituted a company and as the prosecution had failed to prove that they were in charge of and were responsible to the company for the conduct of the business of the company they were acquitted. The correctness of this finding is challenged in this appeal. Learned counsel for the corporation contends that Section 17 of the Act has no application, that this was only a case where accused 2 and 3 are joint proprietors, that the licence stands in their names and they were conducting the business and the first accused was only their agent or servant and that both the master and the servant could be held liable,