JUDGMENT K.B. Asthana, J. - In this case on the facts and circumstances established on record I do not think the prosecution has proved beyond doubt that the applicant Rashid was selling or distributing adulterated milk.. The only fact established is that the applicant Rashid was directed by the owner of the Watan Dairy to transport milk cans from the Milk Dairy to the Karun stores on a rickshaw. On the way R. K. Verma, the Municipal Food Inspector stoppded the Rikshaw and asked Rashid to give him certain quantity of milk as sample. Rashid parted with the necessary quantity for which it is said Verma gave seventy five pice and obtained a receipt. This, to my mind, would not amount to a sale of the milk. Rashid as the Rickshaw driver had no option but to do what the Food Inspector under authority asked him to do. The owner of the Watan Dairy Irshad had been acquitted by the court below. If at all any person who was guilty it was the owner of the dairy and not Rashid who was a mere agent or servant. He was only a carrier. It is the own case of the prosecution that neither Irshad nor the applicant Rashid had any hawker's licence for selling milk ways farers. This circumstance leads to the conclusion that Rashid was not selling any milk or distributing any milk on the road. The charge against the applicant was that he was selling and exposing for,sale milk on the Pyare Lal Sharma Road in the city of Meerut. I do not find any evidence on behalf of the prosecution that Rashid was selling milk as a hawker on Pyarelal Sharma Road. He was a mere servant or agent for carrying milk and not for selling and would not be presumed to have any knowledge whatsoever, that the milk carried by him on rickshaw was adulterated. It was for the prosecution to prove it even if it be held that the milk when it left the dairy was already a sold commodity to the Karun Stores. 2. The result is that application is allowed, the conviction and sentence of the applicant is set aside and he is acquitted of the charge. The bail bonds are cancelled and the applicant need not surrender. Fine if paid shall be refunded.