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3. The appellant have challenged the impugned order inter alia on the main grounds among others that the Ld. ADM failed to appreciate that minor deficiency of 0.3% in the SNF could be due to analytical error. The Gerber Method adopted by the Food Analyst as well as by the Referral Food Laboratory is not a proper method as has been held by the Hon'ble Supreme Court in Corp. of the City, Nagpur vs. Neetam Manikrao Kature & Others 1998 SCC (Cri) 564. The variations between the analytical values of the Food Analyst and the RFL indicated that the representative sample was not taken and in this regard, appellant in the present appeal relied upon the judgment in the case of M/s Raja Ram Seth and Sons & Anr. Vs. Delhi Admn. 2012(2) FAC 523.

4. The Ld. Chief PP for the State has not filed reply to the appeal, however, he has opposed the appeal.

5. I have heard Ld. Counsel for the appellants and Ld. Chief Public Prosecutor for the State and have perused the written synopsis filed on behalf of the appellants and also the record carefully.

M/s Prabhuji Dairy & Ors. vs. FSO

6. The Ld. Counsel for the appellants argued that the Gerber Method adopted in this case by Food Analyst as well as by the Food Referral Laboratory is not reliable as per the judgment of the Hon'ble Supreme Court in the case of Corporation of the City of Nagpur Vs. Neetam Manikrao Kature (supra) and the said judgment still holds good being not overruled by the Hon'ble Supreme Court. Hence, both the aforesaid reports are erroneous and cannot be relied upon. The deficiency in the SNF could be due to analytical error. Ld. Counsel for the appellants, in support of his arguments, has further relied upon the judgments in the cases of G.K. Upadhyay Vs. Kanubhai Raimalbhai Rabari & Anr. 2009 (1) FAC 499 (Gujarat), Keshubhai Ranambhai Tukadiya Vs. State of Gujarat 2009(1) FAC 565.

7. Ld. Chief Public Prosecutor argued that the standards which have been laid down by the legislature are to be followed, which was not so in the case of the appellants herein. The parameters and standards were not followed by the appellants for selling the milk. The substandard milk is to be treated as an adulterated article, even if it has not caused injuries to health. The appellants did not comply with the standards of rules / regulations of Food Safety and Standard Act. The Ld. Chief PP also argued that the Gerber Method used for analysing in the food article i.e. Milk Fat is a DGHS manual method which was printed in the year 1975. It was also argued that the said method is a part of Indian Standard IS­1224­1958 adopted by ISI and further reaffirmed by ISI in the year 1977 onwards. It was further argued that DGHS Manual 2005 at serial No. 1.7.1 and Indian Standard IS:124(Part)(I)­1977 also shows that the Gerber Method is M/s Prabhuji Dairy & Ors. vs. FSO certified method for determination of fat in milk. FSSAI, Ministry of Health and Family Welfare in its latest draft manual of method analyses of foods - milk and milk products, published in 2012 has also included the Geerber Method for determination of fat content in milk. As such, the Government labs including food safety lab was following the Gerber Method. Therefore, the impugned order has been rightly passed by the Ld.ADM on the basis of the reports and evidence on record. The Ld. Chief PP for the State, in support of his arguments relied upon the judgment in the case of Raj Kumar versus The State of Uttar Pradesh in Criminal Appeal No. 1541 of 2019 decided on 04.10.2019 by the Hon'ble Supreme Court of India.

12. During arguments, the Ld. Chief PP for the State argued that the Gerber Method used for analysing in the food article i.e. Milk Fat is a DGHS manual method which was printed in the year 1975 and it was also clarified that the method is a part of Indian Standard IS­1224­1958 adopted by ISI and further reaffirmed by ISI in the year 1977 onwards. It was also argued that DGHS Manual 2005 at serial No. 1.7.1 and Indian Standard IS:124(Part)(I)­1977 also shows that the Gerber Method is certified method for determination of fat in milk. FSSAI, Ministry of Health and Family Welfare in its latest draft manual of method analyses of foods - milk and milk products, published in 2012 has also included the Geerber Method for determination of fat content in milk. As such, the Government labs including food safety lab was following the Gerber Method. No such plea of Gerber Method was raised before the Ld. ADM, therefore, it was found by M/s Prabhuji Dairy & Ors. vs. FSO the Ld. ADM on the basis of the report, relevant provisions of the FSS Act and Regulations that the sample was subsandard and violated the aforesaid provisions of the FSS Act and Regulations.