M N ADHIKARI Vs. FOOD INSPECTOR KUNNAMKULAM MUNICIPALITY

JUDGEMENT

(1.) The petitioners Sri. M. N. Adhikari, Manager, M/s Rashid Jamshed Sons & Co., Madurai and P. P. Pappachan, Partner, P.V. Poulose Sons, Kunnamkulam were found guilty and convicted by the Sub Divisional Magistrate, Kunnamkulam for an offence under S.16(1)(a)(i) read with S.7 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act). The first petitioner was sentenced to pay a fine of Rs. 1000/- in default to suffer simple imprisonment for 6 months and the second petitioner was sentenced to pay a fine of Rs. 10/- in default to undergo simple imprisonment for two weeks. Their appeal to the Sessions Judge of Trichur having proved unsuccessful they have come up in revision to this court.

(2.) The fasts that led up to the prosecution may .be briefly stated:

(3.) In the calendar and judgment of the learned Magistrate and the learned Sessions Judge produced before me the first accused is shown as M. N. Adhikari and the second accused is shown as P. P. Pappachan. They have each been individually convicted and sentenced to pay a fine and in default ordered to suffer imprisonment. Wherefrom the courts below got the idea that the petitioners were the accused, I am unable to see. There was, in fact, no complaint against M. N. Adhikari or Pappachan personally. The complaint was only against the respective companies. Under S.17 of the Act when an offence under the Act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished. But in such a case it would be open to the officers of the company who are prosecuted to show that the offence was committed without their knowledge or that they had exercised all due diligence to prevent the commission of the offence.