Judgment

P. JAGANMOHAN REDDY,J:- This appeal is by certificate under Article 134 (1) (c) of the Manager of Sree Krishna Oil Mills, Midnapore, the proprietor of which was one Srilal Bajoria. Both these persons were tried jointly for an offence under S. 7(1)/16 (a) (i) of the Prevention of Food Adulteration Act, 1954 hereinafter referred to as the Act. The proprietor Srilal Bajoria was acquitted but the appellant was sentenced to one year rigorous imprisonment. The offence in respect of which the appellant was charged was that he being the Manager of the Oil Mills for manufacturing mustard oil was responsible for the adulteration. On July 10, 1964, at about 11 A. M. the appellant was going in a truck carrying 100 tins of mustard oil and was stopped by the Food Inspector, Kharagpore Municipality. On being questioned by the Food Inspector the appellant informed him that the oil which he was carrying was manufactured at Sree Krishna Oil Mills. Midnapore. As the Food Inspector suspected that this oil may have been adulterated, he took three samples according to the provisions of the Act. He sent one sample to the Public Analyst - one he kept with himself and the third he gave to the app