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TMI Blog1938 (6) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... t the admixture of any foreign substance or liquid whatever. The effect of that positive injunction in the licence is undoubtedly to prevent the adulteration of toddy for sale to the public. 3. The respondent licensee had obtained permission of the authorities to employ servants or managers to sell toddy for him and in pursuance of that permission had employed two servants for sale of toddy. It has not been denied that on October 3, 1937, when the Abkari Inspector made a raid on the respondent's booth, during the latter's absence on account of illness, three bottles of toddy which were removed under seal contained an admixture of Chloral Hydrate. In consequence both the respondent licensee and his servant, who was then present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion of such an offence. There is no doubt that the licensee would be liable under the express provisions of Sections 46 and 47, in the absence of the limitation contained in the latter section, for the act of the servant in adulterating toddy. It is therefore unnecessary in dealing with this case to invoke the principle of agency for rendering the master vicariously liable for the servant's default as was done in cases cited at the bar, such as Queen Empress v. Tyab Alli (1900) I.L.R. 24 Bom. 423 : s.c. 2 Bom. L.R. 52 and Emperor v. Mahadevappa (1926) 29 Bom. L.R. 153. Nor is it necessary to draw presumption de jure from rules of interpretation in accord with convenience, reason, or justice, as was drawn in Commissioners of Police v. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t all due and reasonable precautions were exercised by him to prevent the commission of such offence. The language used by the legislature is very wide. The learned Assistant Government Pleader in support of the appeal has argued that the facts proved by the licensee are not sufficient under the above provisions to exempt him; for, to use his words he must under the law see to it that no loophole whatever was left for adulteration. In other words it is suggested that the statute provides for an absolute guarantee by the licensee to protect purchasers of toddy against adulteration. That perhaps could be done by stocking toddy in casks of a type which would permit toddy being served to customers direct without the intervention of the se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing with the strict performance of that duty. I do not think that: the phrase all due and reasonable precautions implies all precautions as suggested for the Crown. That would be an impossible construction. The phrase implies precautions that are reasonable or practical and due or necessary and which a prudent and sensible person would take in endeavouring to prevent transgressions of the kind in question in carrying out the object of the license. That is in my opinion the test laid down by Section 47. In that view of the law the licensee's liability must be decided according to the circumstances of each case. The learned Magistrate has, in my opinion, applied the proper test in the appreciation of the evidence in this case, when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her the respondent has established to the satisfaction of the Court that he exercised all due and reasonable precautions to prevent the commission of such an offence. The respondent is the licensee of only one toddy tree-foot booth in Bombay. It has been proved to the satisfaction of the learned Magistrate that he employed two managers to conduct this toddy booth and it is not disputed that the appointment of two managers was by way of caution so that, as the learned Assistant Government Pleader concedes, it may be that they may supervise the work of each other. The respondent himself used to visit the shop every day until he fell ill about eight days prior to the detection of the adulteration of toddy in his booth. On account of his illnes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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