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content of the "milk" has been found to be below the prescribed minimum limit and the accused has been rightly convicted by the Ld. ACMM and the present appeal is liable to be dismissed.

12 I have heard the arguments and have perused the record. My observations are as under : -

13 The first objection which has been taken by the Ld. counsel on behalf of the appellant is that Gerber's Method has been implied for testing the "milk" sample. 14 The perusal of the Public Analyst report Ex.PW1/G shows that the "milk fat" content had been determined by using the Gerber method, while the "msnf" has been ascertained by difference from total solids which have been found to be 8.5%, which is as per the prescribed standards. The question which arises is whether the determination of "milk fat" as 3.1% against 3.5% can be considered reliable in view of the Gerber Method, which has been used by the Public Analyst.

15 It has been held by the Supreme Court in the case of "Corporation of Nagpur v. Neetam Manikrao Kature & Ors., 1998 SCC (Cri) 564" that Gerber's Method of analysis of the quality of food substance was not of assured quality and accuracy and such method was not certified by the Indian Standard Institute.

16 The Public Analyst has followed Gerber's Method and his report based on such test cannot held to be reliable. The Manual of Methods of Analysis of Foods issued by Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India, no doubt prescribes Gerber Method for determination of fat in "milk" but the same Manual also prescribes two other methods namely Roese- Gottlieb Method and Werner Schmidt Method for the said determination. Once the Supreme Court has accepted the uncertainty of Gerber Method, no explanation is forthcoming as to why this method is applied instead of two other methods. The report of the Public Analyst, which is based on the said test can, therefore, not be held reliable.