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TMI Blog1984 (10) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... Desai and J.S. Wad, Advocates JUDGMENT O. Chinnappa Reddy, J. 1. Special Leave granted. 2. The Food Inspector, 'E' Ward, Rajarampuri, purchased a sample of ice cream from the shop of the 4th respondent-firm, the partners of which were respondents 1 to 3. After following the procedure prescribed by statute, one part of the sample was sent to the Public Analyst for analysis. The report of the P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... smissed the appeal in limine. The State has preferred an appeal to this Court under Article 136 of the Constitution. We do not have the slightest hesitation in allowing the appeal. We are unable to appreciate why the circumstance that the standard of milk fat for buffalo milk is 5% should render it impossible for ice cream to contain a minimum percentage of 10% milk fat. There are several ways by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be deemed to be adulterated if the quality or purity of the article falls below the prescribed standard, but which does not render it injurious to health. In the case before us, there is nothing to show that the low percentage of milk fat renders the ice cream injurious to health. Rule 5 of the Prevention of Food Adulteration Rules, 1955 provides that standard of quality of the various articles o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 16(1)(a)(ii) of the Prevention of Food Adulteration Act, 1954 and each of them is sentenced to suffer imprisonment for a period of three months and a fine of ₹ 2,000/- each. In default of payment of fine they shall suffer a imprisonment for a further term of one month. We are imposing the minimum sentence of imprisonment prescribed by the proviso to Section 16(1) as the offence was commit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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