Judgment

S. K. DAS, J. (On behalf of himself and A. K. Sarkar, J.) : The appellant Ballavdas Agarwalla was the proprietor of a restaurant in the Railway premises at Howrah Railway Station within the Municipality of Howrah, and his servant Shyamlal Missir was in charge of that restaurant. Under an agreement with the Railway authorities, the appellant had taken out a vendor s license dated January 9, 1952, by which he was permitted to sell or exhibit for sale sweetmeats, betel, bidi, cigarettes etc., but not specifically including butter, at the Howrah goods shed. On December 2, 1953, during the currency of the license, the Health Officer of the Howrah Municipality along with his Santiary Inspector and a peon visited the establishment and found that butter was being sold from glass jars standing on a table between the customers and the vendor. The appellant was then absent, and Shyamlal was dealing with the customers. The Sanitary Inspector then took three samples from an one-pound slab of butter which was taken out of a glass jar that was fully exposed to public view and which stood open on the selling counter. The samples were taken in clean bottles, sealed and labelled on the spot