Appeal by special leave from the judgment and order dated July 21, 1959 of the Allahabad High Court in Criminal Revision No.
On September 22, 1956, a Food Inspector of the Allahabad Municipality purchased from the appellant a sample of mustard oil exposed for sale in the shop which on analysis was found to be adulterated with linseed oil.
503 of 1958 arising out of the judgment and order dated March 27, 1958, of the Sessions Judge, Allahabad, in Criminal Appeal No.
B. Agarwala and K. P. Gupta, for the appellant.
2,000.
C. Mathur and C. P. Lal, for the respondent.
The companyviction and sentence were companyfirmed in appeal by the Court of Session at Allahabad and by the High Court of Judicature at Allahabad in revision.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
745 of 1957.
The Judgment of the Court was delivered by SHAH, J. The appellant, Sarjoo Prasad was companyvicted by P. M. Agra, Magistrate First Class, Allahabad of an offence under s. 7 read with s. 16 of the Prevention of Food Adulteration Act, 1954 37 of 1954 hereinafter referred to as the Act and in view of a previous companyviction for a similar offence was sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.
136 of the Constitution.
Thakur Din and the appellant were prosecuted in the companyrt of the First Class Magistrate, Allahabad for selling adulterated food.
The appellant was an employee of one Thakur Din who carries on business at 92 C, Mirganj, Allahabad as a vendor of edible oils and provisions.
December 16.
The appellant has appealed to this companyrt with special leave under Art.
147 of 1959.
The appellant was in charge of the shop at the time when mustard oil was sold to the Food Inspector.
Mustard oil was exposed for sale and it was in the possession of the appellant and he actually sold it.
The definition includes number only actual sale but agreement for sale, offer for sale, exposure for sale and even possession of articles for sale and attempt to sell.
