Case Note & Summary
The case involved an appeal against the conviction of a shop proprietor for selling adulterated butter under the Prevention of Food Adulteration Act, 1954. The appellant contended that butter made from curd did not fall under the definition of butter as per the relevant rules. The Food Inspector had purchased butter from the appellant, which was later analyzed and found to contain foreign fat and moisture levels exceeding the prescribed standards. The Judicial Magistrate initially acquitted the appellant, but the High Court reversed this decision, leading to the current appeal. The Supreme Court analyzed the definition of butter in the context of the Act and the Rules, concluding that butter made from curd is indeed butter as it is derived from milk. The court emphasized that the Act treats any food item falling below the prescribed standards as adulterated, regardless of the absence of foreign substances. The court ultimately modified the sentence from imprisonment to a fine, reflecting the conflicting interpretations of the law regarding curd-based butter. The appeal was dismissed with a fine imposed on the appellant.
Headnote
A) Food Law - Definition of Butter - Butter Prepared from Curd - Butter made from curd falls within the definition of 'butter' under the Prevention of Food Adulteration Rules, 1955 - Prevention of Food Adulteration Act, 1954, Sections 2, 7, 16 - The court held that butter prepared from curd is still considered butter as it is derived from milk, thus meeting the definition in the rules. The appellant's conviction was upheld as the butter sold was below the prescribed standards, constituting adulteration (Paras 1-30).
Issue of Consideration
Whether butter prepared from curd is considered butter under the Prevention of Food Adulteration Act, 1954.
Final Decision
The Supreme Court upheld the conviction of the appellant for selling adulterated butter, modifying the sentence to a fine of Rs. 500 instead of imprisonment.
Law Points
- Food adulteration
- definition of butter
- Prevention of Food Adulteration Act
- 1954
- standards of food quality
- penal statutes interpretation
