9911796707
TMI Blog1966 (1) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... sample of it for analysis to the Public Analyst. The Analyst reported that the solids-not-fat content in the said sample was 7.5 per cent, as against 8.5 per cent. prescribed for curd: he was of the opinion that the sample contained not less than II per cent. of added water. When the sample was analysed a few months later by the Central Food Analyst, he reported that the solids-not-fat content in the sample was only 6-4 per cent. Thereupon a complaint was filed in the Court of the District Magistrate (Judicial), Palghat, against the appellant and his sales-man-we are not concerned in this appeal with the charge against the sales-man. The charge against the appellant was that he committed an offence under s. 16(1)(a)(i) and s. 7 of the Preve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... secuted for not maintaining the standard prescribed for butter-milk and that, as no standard ,",as in fact prescribed for the said product, the High Court went wrong in convicting him. To appreciate this contention it is necessary to notice the relevant provisions of the Act and the Rules. Section 2(i)(1). An article of food shall be deemed to be adulterated if the quality or purity of the article falls below the prescribed standard or its constituents are present in quantities which are in excess of the prescribed limits of variability. Section 7. No person shall himself or by any person on his behalf manufacture for sale, or store, sell or distribute: (i) any adulterated food: (ii) any misbranded food; (V) any article of food ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SU, Uttar Pradesh, Bihar, West Bengal, Assam, Bombay and Saurashtra where it shall not be less than 6 per cent. The Sup. CI/66-11 .lm15 milk solids other than milk fat shall not be less than 9 per cent. A.11.01.03.Goat or sheep milk shall contain not less than 3.0 per cent of milk fat except in Madhya Pradesh, Punjab, PEPSU, Bombay, Uttar Pradesh and TravancoreCochin where it shall be not less than 3.5 per cent. The milk solids other than milk fat, shall be not less than 9 per cent. Where milk, other than skimmed milk is sold or offered for sale without any indication as to whether it is derived from cow, buffalo, goat, or sheep the standard prescribed for buffalo milk shall apply. A.11.02.Skimmed milk, either fresh or reconstituted, mea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingredient not found in Milk except sucrose and/or gur. (b)Skimmed milk dahi or curd means the product obtainedfrom skimmed milk either of cow or buffalo by souring. It shall not contain any ingredient not found in milk,except sucrose and/or gur. The standard of purity of dahi or curd shall be the same as prescribed for the milk from which it is derived- Where dahi or curd, other than skimmed milk dahi is sold or offered for sale without any indication as to whether it is derived from cow or buffalo milk, the standards prescribed for dahi prepared from buffalo milk shall apply. It will be seen from the said provisions that it is not an ingredient of the definition of butter-milk that it should contain any particular percentage of solids- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kimmed milk dahi or curd" the standard of quality is prescribed with reference to other products. But when we come to buttermilk, no standard for its contents either specifically or with reference to other items is prescribed. A comparative study of the said items leaves no room for doubt that the rule making authority, for reasons, which, we think, are obvious has not thought fit or feasible to prescribe any such standard in regard to the contents of butter-milk. We cannot by inference read something in the definition of butter-milk which is not there. The reason for this omission is presumably due to the fact that it is not possible to maintain in butter-milk the same percentage of solids-not-fat content as is found in curds or milk, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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