BHAGWAN DAS JAGDISH CHANDER Vs. DELHI ADMINISTRATION

JUDGEMENT

(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:

(2.) Section 14 of the Act, to which reference was made in Section 19 (3) says:

(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.