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1 - 6 of 6 (0.32 seconds)Section 7 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Prem Das vs State on 15 May, 1961
I am in respectful agreement with the principles enunciated in Prem Das case, . A person by mixing sub-standard milk of cow and buffalo cannot escape the consequences, which he would have met if he had sold such sub-standard milk of cow and buffalo separately. In the instant case the percentage of milk solids not fat was 8.2 and not even 8.5 prescribed by item A 11.01.01 contained in Appendix B of the Punjab Prevention of Food Adulteration Rules, 1955, for cow milk in the Punjab, and as such the sample milk was adulterated. The accused-petitioner was therefore, rightly convicted by the Courts below. His learned Counsel finally prayed for reduction in sentence which I consider is not called for as he had previously been convicted of an offence of this very nature.
Section 4 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
The Prevention Of Food Adulteration Act, 1954
The State vs Raja Ram Ram Saran And Anr. on 2 May, 1962
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.
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