Mela Singh Sohan Mal vs The State on 11 December, 1963
The amended rule was not brought to the notice of the learned Judges who decided Raja Ram's case, 1962-64 Pun LR 802 : (1964 (2) Cri LJ 113) which led to the mistake the benefit of which the learned Counsel for the accused-petitioner now seeks in this Court. But this Punjab rule lays down standards for mixed milk (cow's, buffalo's and goat's) and not for mixed milk (cow's and buffalo's), hence it cannot be made applicable to the present case because here also the mixed milk is of buffalo and cow. The learned Counsel for the accused-petitioner went on to urge that in the absence of any provision regarding mixed milk (cow's and buffalo's) either in the Punjab Pure Food Rules, 1930, as amended up to 1952, or the Prevention of Food Adulteration Rules, 1955, the accused-petitioner cannot be said to have committed any offence under Section 7 read with Section 16(1)(a)(ii) of the Act even if the percentage of milk solids not fat in the sample milk was 8.2.