Judgment

BEG, J.:- (for himself and Untwalia, J.) These two criminal appeals, after certification of the cows as fit for decision by this Court, under Article 134 (1) (c) of the Constitution, arise out at the prosecution of M/s. Bhagwan Das Jagdish Chander, Ghee merchants and Commission Agents at Delhi under Sections 7/16 of the Prevention of Food Adulteration Act. 1954 (hereinafter referred to as the Act). The appellant was prosecuted jointly with Laxmi Narain, the vendor, of 450 gms. of ghee to a Food Inspector, on 22-8-1967. On analysis, the sample was found to be adulterated. Laxmi Narain, a partner of M/s. Laxmi sweets. Delhi in defence, successfully relied upon section 19 (2) of the Act and was acquitted. Section 19, which reads as follows, may be set out here in toto:

"19 (1) It shall be no defence in a prosecution for an offence pertaining to the sale of any adulterated or misbranded article of food to allege merely that the vendor was ignorant of the nature, substance or quality of the food sold by him or that the purchaser having purchased any article for analysis was not prejudiced by the sale.

(2) A vendor shall not be deemed to have committed an offence pertaining to th