JUDGMENT K.C. Agrawal, J. - This revision is directed against the judgment of a learned Sessions Judge, Etah dated 15.9.1972, dismissing the appeal filed by the applicant. It appears that the applicant, along with one Jwala Prasad, was prosecuted for the offence u/s 7/16 of the Prevention of Food Adulteration Act. 2. The case of the prosecution was that Jawala Prasad was a vendor at Railway Station, Kasganj. Hari Shanker was the vendee contractor, JM. E. Railway, at Railway Station, Kasganj. On 21st of December 1970 at about 10 A.M. the Food Inspector checked the vendor Jwala Prasad, who was selling 'Laddoo' there, and suspecting adulteration gave notice to him and obtained sample therefor. The sample was sent to the Public Analyst, who reported that the sample of Laddoos was coloured with coal-tar dye, which is not one of the coal-tar dyes permitted for use in food stuffs under Rule 28 of the prevention of Food Adulteration Rules, 1955. The applicant and Jawala Prasad both were found guilty by the Magistrate. Jawala Prasad was sentenced to a fine of Rs. 500/- where as the applicant was sentenced to pay a fine of Rs. 1000/-. 3. The appeal filed by these persons was dismissed by the learned Sessions Judge. Hari Shanker, the Contractor, has now filed the present revision. 4. Sri Jagdish Singh, counsel for the applicant, urged that as the prosecution did not adduce any evidence establishing that Jwala Prasad was in fact selling Laddoos, which he had bought from Hari Shanker for being sold at the Railway Station, therefore, simply because the laddoos, found from the possession of Jawala Prasad, was prepared out of the colour not permitted by law, would not establish the offence against the applicant. He contended that the prosecution was required to give a link evidence that Jawala Prasad was selling the same laddoo which he had brought from the shop of Hari Shanker for being sold at the Railway Station. The submission made is devoid of substance. It is admitted by Hari Shanker in his statement made under section 342 of Cr. P.C. that Jawala prasad was his Agent. The service of Jawala Prasad thus had been utilised by him for selling various articles, including 'Laddoo' to customers at the Railway Station. In these circumstances there was a presumption that Jawala Prasad was selling those articles which he had brought from Hari Shanker. P.C. that Jawala prasad was his Agent. The service of Jawala Prasad thus had been utilised by him for selling various articles, including 'Laddoo' to customers at the Railway Station. In these circumstances there was a presumption that Jawala Prasad was selling those articles which he had brought from Hari Shanker. Accordingly the learned Sessions Judge as well as the Magistrate could not be said to have committed any mistake in convicting Hari Shanker for the offence mentioned above. Undoubtedly the sample of laddoos was coloured with a coal tar dye which was not one of the dyes permitted for use in food stuff. Accordingly the conviction of the applicant was fully justified. 5. In the result, the revision is dismissed. The conviction and sentence of the applicant, Hari Shanker u/s 7/16 of the Prevention of Food Adulteration Act are maintained. The applicant is allowed one month's time from today to deposit the fine. In case of default of depositing the fine, the applicant shall be taken into custody forthwith and be sent to jail to serve out the sentence of four months R.I. already awarded to him. The stay order dated 4.10.1972 is vacated.