PEARY MOHAN SAHA Vs. HARENDRA NATH ROY

JUDGEMENT

(1.) The accused in this case has been convicted of an offence under Clause (1), Sec. 6, Bengal Food Adulteration Act 1919. The offence charged was committed on 25th Jan. 1929 and consisted in the accused having sold to a Health Officer a quantity of mustard oil which was not derived exclusively from mustard seed. The accused has been fined Rs. 150 and ordered to undergo two months simple imprisonment in default of payment.

(2.) This rule was issued on the grounds that Clause 1, Sec. 6, Bengal Food Adulteration Act does not apply to the facts of the case, and that Sec. 6, makes the master or owner of the article sold guilty of an offence but not the servant.

(3.) It is clear that the sale was made by the accused in his capacity of servant of a certain firm which used the name of one Josada Lal Roy Chowdhury. Josada Lal is dead, but there is no question that the accused sold the mustard oil as a servant of the proprietors of the said firm and that he is a servant and not a partner therein.