Judgment

BHAGWATI, J. :- This appeal, by special leave, is directed against a judgment of the High Court of Delhi confirming the conviction of the appellants under Section 7 (i) read with Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954.

2. The prosecution case was that at all material times the 1st appellant was the owner of a grocery shop situate at Maharani Bagh, New Delhi and the 2nd appellant was employed as a salesman in the shop. On 23rd June, 1969 Bhanot, a Food Inspector went to the shop of the 1st appellant and finding the 1st appellant there as a salesman, took from him a sample of mustard oil for analysis after paying its purchase price. He divided the sample into three parts and sent one part to the Public Analyst for analysis, handed over the other part to the 2nd appellant and retained the 3rd part with him. The Public Analyst reported that the sample was misbranded as Linseed oil and was adulterated due to the presence of artificial dye. On the strength of this report, the appellants were charge-sheeted under Section 7 (i) read with Section 16 (1) (a) (i) before the Judicial Magistrate, Delhi. The defence of the 1st appellant was that the 2nd ap