( 1 ) THE facts giving rise to the above-mentioned revision petition in brief are that on 17th April 1979, Food Inspector Arun Kumar accompanied by another Food Inspector Baljit Singh visited the premises bearing No. 4634, Gali Abdul Building, Roshanara Road, where a factory called Amrit Soda Water Factory was being run and carbonated aerated water was being manufactured Sri Chand-appellant was present there. He was looking after the business of the said factory and was conducting manufacture and sale of carbonated aerated wafer After disclosing their identity Arun Kumar lifted a sample of carbonated aerated water which comprised nine. bottles of carbonated aerated water duly sealed with identical crown corks. They bore the label that the carbonated water had been made with sugar and saccharine and had no colouring matter. A little while afterwards i. e. at about 4 p. m.

( 2 ) BALJIT Singh, Food Inspector, too lifted another sample of carbonated aerated water having similar crown corks and labels. Both the samples were purchased by the Food Inspectors in accordance with the provisions of the Prevention of Food Adulteration Act (for short the Act ) and the Rules made thereunder. One counterpart each of both the samples was sent to the Public Analyst for analysis and the Public Analyst found that the same were mis-branded on account of their having prepared with saccharine only although the declaration mentioned on the bottles was that they contained both sugar and saccharine. Thus, according to the Public Analyst, there was excess of saccharine by 50 P. p. m. beyond the prescribed limit. Thereupon, both Sri Chand and his father Shivan Dass were prosecuted under Section 7 read with Section 16 of the Act for storing for sale and selling adulterated carbonated water. Shivan Dass was said to be proprietor of the aforesaid firm while his son Shri Chand was said to be storing and selling the adulterated carbonated water on behalf of Shivan Dass.

( 3 ) BOTH the petitioners were convicted of the aforesaid offence by the trial Court vide judgment dated 27th April 1983. Feeling aggrieved, they went in appeal to the Court of Session but met with no success. However, their sentence was reduced to rigorous imprisonment for six months and a fine of Rs l,000. 00 each; in default of payment of fine they were awarded further simple imprisonment for two months. Since both the samples had been lifted almost simultaneously the sentence awarded in both the cases were directed to run concurrently.

( 4 ) HAVE heard counsel for the petitioners and gone through the evidence on record. . There was, however, no appearance on behalf of the State.

( 5 ) IT may be stated at the outset that the revision petitions so far they related to Sri Chand were dismissed by me earlier in limine vide order dated 9th January 1985 the revision petitions with regard to Shivan Dass only were admitted.

( 6 ) THE principal submission made by the learned counsel for the petitioner-Shivan Dass is that there is no iota of evidence on record to establish that Shivan Dass was owner of the factory mentioned above and further that his son Sri Chand was conducting the business on behalf of Shivan Dass It is pointed out that the licence obtained by Shivan Dass for carrying on the business of carbonated aerated water was vaild upto 31st March 1979 only and he never got it renewed. Hence, the act of Sri Chand in manufacturing, storing for sale or selling the carbonated water was absolutely unauthorised and at any rate no vicarious liability can be fastened on Shivan Dass on that account However, on going through the evidence on record I am not persuaded to accept this contention. It is for the reason that Food Inspector Arun Kumar has deposed in unequivocal terms that the proprietor of the factory was Shivan Dass. This statement of his was allowed to go unchallenged and no question was-put to him with regard to the same during the course of cross-examination by the defen