JAGDISH SAHAI, J.

( 1 ) THIS appeal is directed against an order of acquittal passed on 1-6-1960 by a Magistrate First class of Kanpur. The respondent No. 1 holds a licence, for selling edible oils and runs his shop at Kanpur while respondent No. 2 is a salesman thereat. On the 21st of July, 1959, at 10-30 a. m. the Food Inspector, Kanpur, went to the shop and found respondent No. 1 Janki Prasad working there. In the shop was stored linseed oil also. The Food Inspector took 7 chs. of that oil as sample after paying 47 np. to respondent No. 1 as the price of the sample demanded by that respondent. The Food Inspector gave a notice in writing to respondent No. 1 that the sample had been taken for analysis and in the presence of the said respondent divided the linseed oil purchased by him into three parts delivering one of it to respondent No. 1. One of the parts which like other parts was also sealed by the Food Inspector, was sent to the Public Analyst to U. P. Government for examination who found it to be highly adulterated. The respondent No. 2 admitted to be the owner of the shop and respondent No. 1 to be the salesman thereat. The respondent No. 1 also admitted that he also sells