They alongwith three others A 2, A 3 and A 5 were tried for offences punishable under Sections 16 1 1 i and ii read with 17 1 h , 17 1 a ii , 7 i and 2 1a a and m of the Act.
The sale of oil by A 5 to the Food Inspector is number in dispute.
The oil is supplied in barrels of 180 kgs.
The said firm is also a wholesale dealer in refined companyton seed oil with the brand name of Seven Hills and the same was manufactured by M s. Ravi Vegetable Oil Industries, Davengere.
The Food Inspector took the other tins found there into custody and also the cash bill issued to A 5 by A 1.
each with their seal.
The Food Inspector complainant filed an appeal in the High Court against the order of acquittal and the High Court allowed the same as against these two appellants.
1 is a firm and the second appellant original accused No.
1,000/ in default of payment of which to further undergo simple imprisonment for one month.
The acquittal of the other accused was, however, companyfirmed.
The two remaining partners figured as A 2 and A 3.
4 is the managing partner of the said firm.
The trial companyrt acquitted all of them.
The first appellant original accused No.
Appellant No.
1 is a firm and appellant No.
The first appellant is sentenced to pay a fine of Rs.
Appellant No.
1 the firm is a partnership firm carrying on the business as General Merchants and Commission Agents at Mysore in the State of Kanrataka.
Hence the present appeal.
2 is its managing partner.
This matter arises under the Prevention of Food Adulteration Act Act for short .
According to the prosecution the samples were adulterated.
One P.P. Aboobacker, Proprietor of a shop at Tellicherry figured as A 5.
each to M s. H. Rajagopal Co., Mysore who used to repack the oil in tins of 15.5 kg.
A 1 to A 4 also admit that they have sold the articles to A 5.
While so, the Food Inspector on 17.11.79 inspected the shop of P.P. Abbobacker and purchased 600 grams of companyton seed oil and the Food Inspector followed the necessary formalities and the samples were sent to the health authorities for analysis.
According to the prosecution the appellant firm who is a wholesale dealer purchased such packed tins and used to farther sell them to other traders such as companyaccused P.P. Abbobacker.
