KRISHNAN Vs. MUNICIPALITY OF CANNANORE

JUDGEMENT

(1.) The second accused in CC.247/59 on the file of the District Magistrate, Tellicherry, who is the salesman of the Cooperative Milk Supply Society, Cannanore who has been found guilty and convicted under S.16(1) read with S.7 of the Prevention of Food Adulteration Act of 1954 has filed this revision petition, challenging the validity of his conviction.

(2.) On 23-2-1959, Pw. 1, the Food Inspector of the Cannanore Municipality went to the sales depot of the Cooperative Milk Supply Society and purchased one bottle of milk from the revision petitioner and paid its price. Ext. P1 is the receipt. It was duly sampled and one sample was sent to the Public Analyst. The report of the Public Analyst, Ext P3 showed that the milk was adulterated.

(3.) The purchase of the milk and that it is adulterated is not disputed. The question that is raised in this petition is that the petitioner is only a servant and as such he cannot be legally convicted for an offence under this section. Reference is made to the Division Bench ruling of this court in State of Kerala v. Kunchu [ 1959 KLT 574 ] wherein it was held that the servant selling adulterated food on behalf of the master and not for his own profit cannot be found guilty under S.7 and 16 of the Act. I am bound by this Division Bench ruling of our High Court and following that I hold that the conviction of the revision petitioner cannot be sustained. The revision petition is allowed and the conviction and sentence passed on the revision petitioner is set aside. Fine, if any, paid will be refunded.