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TMI Blog1973 (8) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... en sentenced in view of special and adequate reasons to undergo rigorous imprisonment of two months and to pay a fine of ₹ 1,000/- or in default to undergo imprisonment for a further period of one month. 2. The prosecution case is that on February 16, 1968 Food Inspector Mahajan went to oil shop No. 213-215 in Kumbharwada, Bombay. Pranjivan appellant was present at the shop. The Food Inspector after disclosing his identity purchased 450 grams of coconut oil from Pranjivan. The coconut oil was then divided into three parts. Each of the parts was poured into a bottle which was thereafter sealed. One of the bottles was handed over to pranjivan, while the second bottle was sent to the public analyst whose report showed that the coconut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... coconut oil was purchased by the food inspector Mahajan from Pranjivan accused. The High Court in the course of its judgment has arrived at the finding that Manibai is not incharge of nor is she actually conducting the business carried on at the shop from which the food inspector purchased the coconut oil. In the circumstances, the fact that Manibai is the licensee of the shop would not warrant her conviction. According to Section 17(1) of the Act, where an offence under the Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible for the conduct of the business of the company shall be deemed to the guilty of the offence and shall be liable to be proceeded against and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the coconut oil purchased from him was harmful to the health of those who would consume it, In this respect we find that the coconut oil which was purchased from Pranjivan was found on analysis to be adulterated. It is for the prosecution in a case under the Act to show that the adulterated article of food in question was deleterious to health and if so, how much harmful effect it would have upon the health of the person consuming it. All that is required to be shown is that the article of food in question was adulterated. So far as that aspect of the matter is concerned in the present case we find that the coconut oil which was purchased from Pranjivan was adulterated as it did not confirm to the prescribed standard. According to Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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