DR. NIRMAL KUMR PURKAYASTHA Vs. NARAYAN CHANDRA SAHA

JUDGEMENT

(1.) THIS case was referred to the Special Bench because of certain difference of views in the High Courts of the country on a point involved in this case, namely as to whether a servant could be held liable for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act.

(2.) IN this case, on 22nd August, 1958, the Food Inspector of Karimganj purchased twelve ounces of "Sun Brand" mustard oil from M/s. Loknath Trading Company of Karimganj town for the purpose of analysis by Public Analyst after observing all formalities. The oil was found to be adulterated and accordingly a complaint was filed against the accused who was a salesman of M/s, Loknath Trading Company with sanction of Karimganj Municipal Board.

(3.) THE learned trial Magistrate found categorically that there was no doubt that adulterated oil was sold to P. W. 1, the Food Inspector, by the accused. The learned Magistrate, however, acquitted the accused on the basis of a decision of the Madras High Court, in the case of In re S. Moses, reported in, AIR 1959 Mad 185. The learned Magistrate was of the view that the servant could not be held liable if he was not aware of the contents, and that the word 'person' as occurring in Sections 7 and 16 of the Prevention of Food Adulteration Act only meant the owner or proprietor of the shop.