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Supreme Court Of India

Hon'ble Judge(s): R. P. Sethi, Doraiswamy Raju , JJ

(A) Prevention of Food Adulteration Act (37 of 1954) , S.16— Adulteration - Milk product (Curd) - Public Analyst finding that fat contents of curd was 3.867% and solid non fat was 7.487% as against required content of 6.0% and 9.0% respectively - Curd was thus adulterated - Conviction of sellers under S. 7 r.w. S. 16, proper - S. 7. (Para 4) (B) Prevention of Food Adulteration Rules (1955) , R.9— Milk product - Taking of sample - Duty of Food Inspector - R.9 does not cast duty upon Food Inspector to hold inquiries and give finding that he had ascertained that Milk product (Curd) was prepared out of Buffalos Milk and not from Cow's Milk - In absence of any explanation offered by person from whom article of food is purchased and samples taken, the milk or its product has to be deemed to be milk or product (Curd) made out of buffalo's milk. (Para 3) (C) Prevention of Food Adulteration Act (37 of 1954) , Appendix B, Entry 11.02.04— Prevention of Food Adulteration Rules (1955) , R.9— Milk product - Taking of sample - Duty of Food Inspector - R.9 does not cast duty upon Food Inspector to hold enquiries and give finding that he had ascertained that Milk Product ....