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13. At the outset it was argued by Ld. Defence counsel Sh. M.K. Gupta and Sh. R.K. Sharma that the present case is covered by the judgment passed by the Hon'ble Apex Court in Corporation of City of Nagpur Vs. Neetam Manikraro Kature & Anr. 1998 SCC (Cri) 564 . It was argued that the Director, CFL used Gerber method which is not a sure/accurate test and accordingly no reliance can be placed upon the Director's report and accused deserves to be acquitted on this ground alone.

14. Perusal of the records reveals that to establish its case of adulteration i.e. that the sample of milk was not conforming to the standards the prosecution is relying upon the report of Director, CFL dated 05.11.2009 who had reported that the sample of full cream milk does not conform to the standards as the milk fat were less than the prescribed minimum limit of 6.0% . However as per the report of the Director, CFL, he used the Gerber method for the purpose of analyzing the sample of full cream milk so collected by the Food Inspector. It is reflected in his report that he used I.S. 1224 Part I 1977 for the purpose of calculating the percentage of milk fat in the sample of full cream milk so analyzed and thereafter By difference calculated the contents of the milk solids not fat in the sample of full cream milk. This is Gerber method as has been fairly conceded by Ld. SPP. The said method is not a sure/accurate test for the purpose of analysis of food article/ milk so as to give a finding/report regarding the milk fat and milk solids not fat in sample of milk as held by the Hon. Apex Court in Corporation of City of Nagpur Vs. Neetam Manikraro Kature & Anr. 1998 SCC (Cri) 564. The Hon. Apex Court observed as under:

15. Reliance may also be placed upon State of Maharashtra Vs. Narayan Dewlu Shanbhaju (1979) 3 Cr LR 117 (Bombay), G.K. Upadhayay Vs. Kanubhai Raimalbhai Rabari and another 2009 (1) FAC 499 and Keshubhai Ranabhai Tukadiya Vs. State of Gujarat 2009 (1) FAC 565.

16. In view of the above as the Director used the Gerber method no reliance can be placed upon the report for the purpose of concluding whether the sample of full cream milk so collected was adulterated or not. Though Ld. SPP for the complainant argued that the Gerber method is a prescribed method in DGHS Manual and is a valid and accurate test and in fact it is the most widely used test all over the world for the purpose of analysis of food article/milk to find out the percentage of the milk fat and the same is also certified by Indian Standards Institute from time to time however in view of the above ruling of the Hon. Supreme Court and failure on the part of the Ld. SPP to distinguish the said ruling I find no merits in his contention.