Judgment

K. RAMASWAMY, J:- The respondent was found to have sold adulterated cumin (Jira) on March 13, 1976 punishable under S. 16(1)(a)(i) read with S. 7(1) of the Prevention of Food Adulteration Act. 1954, for short the Act. Both the Courts found as a fact that the adulterated cumin was exposed for sale and PW-1, the Food Inspector, purchased the cumin (Jira) under the provisions of the Act and on analysis by the Public Analyst it was found that it contained 9% foreign seeds as against permissible 7.0%; inorganic (dust, stones, lumps of earth etc.) at 0.2% and organic (chaff, stem, stipules, etc.) at 1.8%. Accordingly it was found to have been adulterated. The Magistrate and the High Court acquitted the respondent on the sole ground that his father Appa Rao was the owner of the shop. Had that fact been brought to the notice of the sanctioning authority under S. 20 of the Act, it would not have permitted to prosecute the respondent, the son of the owner. Accordingly placing reliance on Jagannath Sahu v. Food Inspector, Jaipur Municipality, (1973) 2 Cut WR 1556, acquitted the accused and was confirmed by the High Court.

2. The sole question that emerges for consideration is whether i