THE PUBLIC PROSECUTOR Vs. R. NARAYANASWAMI REDDY

JUDGEMENT

(1.) THIS is an appeal preferred by the State of Madras against the order of acquittal passed by the learned Sub -Magistrate of Tiruvannamalai in C.C. No. 662 of 1954.

(2.) THE facts are: In Tindivanam Road in Tiruvannamalai there is a hotel by name " Modern Cafe ". The proprietor of this hotel is Narayanaswami Reddiar and the head -cook who is in charge of the supply of meals at the hotel is C.S. Harihara Ayyar. On 30th November, 1953, the Sanitary Inspector of Tiruvannamalai, Sri N. Ramachandra Rao, took samples of ghee prepared for sale along with the meals and sent the same to the analyst. The Government Analyst has found that there was an admixture of adulterated fat of 78 percent. Therefore, a prosecution was launched against the proprietor and the head -cook who pleaded guilty was convicted and sentenced to pay a fine of Rs. 20 and the proprietor who pleaded 'not guilty' was acquitted on the ground that he was not present at the hotel that day. This appeal has been filed on the ground that the proprietor was equally responsible, notwithstanding his absence, for the sale through his employee of the adulterated ghee.

(3.) SECTION 5 lays down that every person who offers for sale ghee which is not up to the standard of purity prescribed by the State Government shall be punished for the first offence with fine which may extend to Rs. 100 and for every subsequent offence with fine which may extend to Rs. 500.