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PETITIONER: SARJOO PRASAD
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH
DATE OF JUDGMENT: 16/12/1960
BENCH: SHAH, J.C. BENCH: SHAH, J.C. KAPUR, J.L. HIDAYATULLAH, M.
CITATION: 1961 AIR 631 1961 SCR (3) 324 CITATOR INFO : R 1966 SC 43 (4) RF 1966 SC 128 (16) RF 1975 SC1309 (18)
ACT: Food Adulteration-Sale of adulterated oil by servant- Servant, whether liable-Mens rea, if necessary-Second offence--Sentence, lesser than minimum prescribed when can be given--Prevention of Food Adulteration Act, 1954 (37 of 1954) ss. 7, 16.
HEADNOTE: The appellant was an employee of one T, a vendor of edible oils. He was found to have sold adulterated mustard oil and he and T were prosecuted for an offence under S. 7 read with S....16 of the Prevention of Food Adulteration Act, 1954. Both were found guilty; T was sentenced to pay a fine of Rs. 200, but in view of a previous conviction the appellant was sentenced to one year’s rigorous imprisonment and RS. 2,000 fine, the minimum prescribed by S. 16(ii). The appellant contended: (i) that a servant who sold food on behalf of his employer was not liable unless it was known that he had done so with the knowledge that the food was adulterated, and (ii) that there were special and adequate reasons justifying the imposition of a penalty less than the minimum prescribed for a second offence. Held, that ...