This is an appeal against the acquittal of the second appellant (accused 3) by the Sessions Judge of West Tanjore in C.A. No. 290 of 1956 on his file.

The Co-operative Milk Supply Society at Papanasam was prosecuted along with two other accused for adulteration of milk, an offence punishable under section 16(1) of Central Act XXXVII of 1954. There is no doubt about the fact that the milk sold was adulterated. This fact is not disputed even by the learned counsel for the respondent here. Accused 2 was the actual vendor of the milk and he was convicted by the trial Court and his conviction has been upheld by the Sessions Judge. The Co-operative Society represented by the Secretary was also convicted and the Secretary himself (accused 3) was convicted by the trial Court. On appeal the Sessions Judge confirmed the conviction of the Co-operative Society but acquitted accused 3, the Secretary, on the ground that he was in charge only as Secretary of accused 1 Society and not in his individual capacity. Very strangely before the lower appellate Court the Public Prosecutor conceded that the Co-operative Society and the Secretary cannot separately be convicted. The view taken by the