AIR 1979 SUPREME COURT 1128 ::1979 Cri App R (SC) 131 ::(1979) MadLW(Cri) 208 ::1979 ChandLR(Civ&Cri) 110 ::1979 FAJ 185 ::(1979) Mad LJ(Cri) 706 ::1979 (4) SCC 709 ::1979 (1) FAC 425 ::(1979) 1 FAC 425 ::(1979) 2 SCJ 328 ::(1979) SC Cr R 309

Supreme Court Of India

(From : (1975) 1 F.A.C. 347 (Delhi))

Hon'ble Judge(s): S. Murtaza Fazal Ali, Anand Dev Koshal , JJ

(A) Prevention of Food Adulteration Act (37 of 1954) , S.16, S.7, S.23— Prevention of Food Adulteration Rules (1955) , R.61 Proviso, R.60 App.B Item.A.11.02.08, R.60 App.B Item. A.11.02, R.60 App.B Item.A.11.02.02— Scope of proviso to R. 61 - Expressions "Milk and Cream" and "Milk and Milk Products" - Distinction - Chocolate ice-cream - Brominated vegetable oils can form part to permitted extent - Prosecution must prove that sample of chocolate ice-cream contained brominated vegetable oil beyond permitted extent. (1975) 1 FAC 347 (Delhi) Partly Reversed. From the examination of the provisions of Item A.11.02.08; Item 11.02 and Item A.11.02.02 of Appendix B to the Prevention @page-SC1129 of Food Adulteration Rules, 1955 it is clearly made out that the standard of purity for each milk product has been separately laid down and that ice-cream, kulfi and chocolate ice-cream are treated as a class by themselves, which is different, for the purposes of purity from the other milk products including cream. The classification employed leaves no room for doubt that when the proviso to R. 61 states that certain emulsifying and stabilising agents shall not be used in milk and cream, it prohibits the use of those agents only in milk and one of its products, namely cream and not other milk products such as malai, dahi, cheese, i....