Judgement

SUBBA RAO, J. : The appellant is the manager of the Palghat Depot of Messrs. Nambissan s D. V. Dairy Farm. On July 20, 1961, one of the Food Inspectors visited his depot and purchased from the second accused, the salesman in charge of depot, two mazhies of skimmed thick butter-milk out of the stock exposed for sale in the depot. He sent a sample of it for analysis to the Public Analyst. The Analyst reported that the solids-not-fat content in the said sample was 7.5 per cent as against 8.5 per cent prescribed for curd: he was of the opinion that the sample contained not less than 11 per cent of added water. When the sample was analysed a few months later by the Central Food Analyst, he reported that the solids-not-fat content in the sample was only 6.4 per cent. Thereupon a complaint was filed in the Court of the District Magistrate (Judicial), Palghat, against the appellant and his salesman-we are not concerned in this appeal with the charge against the salesman. The charge against the appellant was that he committed an offence under S. 16 (1) (a) (i) and S. 7 of the Prevention of Food Adulteration Act, 1954 (37 of 1954), hereinafter called the Act, read with R. 44 of the