BHAT, J.

This appeal has come up before us on a reference by a learned single Judge of this Court who took the view that the decisions of single Benches of this Court in Bavanna v. State of Kerala, 1985 Ker LT 463 : (1985 Cri LJ 1126), Karunan v. State of Kerala, 1985 Ker LT 523 and Chockalingam v. Food Inspector, 1981 Ker LT 628 : (1981 Cri LJ 1225) require re-consideration.

2. Appellant, Food Inspector, Palghat Municipality, preferred complaint against the four respondents herein under S. 16(1)(a)(i) and (ii) read with Ss. 7(i) and (v) and S. 2(ia)(m) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') and Rr. 44(b) and 50(a) of the Prevention of Food Adulteration Rules, 1955 (for short 'the Rules'). First respondent is the Karingarappully Co-operative Milk Supply Society of which respondents 2 and 3 are Secretary and President respectively. Fourth respondent is a paid salesman. Registered office of the Society is in Kodumba. It appears, the society sells milk within the limits of Palghat Municipality, though without licence. On 10-12-1980 at about 8 a.m., when the fourth respondent was carrying cows' milk for sale, Food Inspector, P.W. 1, stopped h