1. This appeal is by the Food Inspector of the Calicut Corporation against the order of acquittal of accused 2 and 3 who along with the first accused were prosecuted in Calendar Case 221 of 1963 for sale of adulterated milk fruits, an offence punishable under S.16 (1) (a) read with S.7 of the Prevention of Food Adulteration Act (shortly stated the Act).

2. On the morning of 315 1963, pw.1 the Corporation Food Inspector visited the Ujay Ice Fruit Works, Gujarathy Street, Calicut and purchased 30 milk fruits from the first accused paying its price. They were duly sampled and sent for analysis. The report of the public analyst Ext. P-4 showed that the sample was adulterated as it contained non-permitted coaltar dye. When the accused were questioned the first accused admitted the sale but put forward the plea of warranty. Learned Magistrate negatived the plea of warranty and found the first accused guilty of the offence charged and sentenced him to pay a fine of Rs. 100. He has not filed any appeal.

3. On the ground that accused 2 and 3 constituted a company and as the prosecution had failed to prove that they were in charge of and were responsible to the company for the cond