P.N.Bakshi, J. - (1.) The applicant has been convicted under Section 7/16 of the P F.A. Act and sentenced to six months' R.I. and a fine of Rs. 1000/- His conviction and sentence have been maintained in appeal by the Sessions Judge, Fatehpur. Hence this revision.
(2.) A sample of cow-buffalo and goat milk, which was for sale, was purchased by the Food Inspector from the applicant on 24th May, 1977 at 7.30 A.M. near the District Hospital, Fatehpur, in accordance with the procedure prescribed by law. One of the sample phials was sent to the Public Analyst for analysis, which disclosed that it was deficient in fat contents by 4.4% and in non-fatty solids by 5.4%. After obtaining sanction the applicant has been prosecuted and convicted as above.
(3.) Counsel for the applicant has argued that no standard was prescribed for a mixture of cow-buffalo and goat milk on the date of the offence viz. 24th May, 1977. The standard of standardised milk has been laid down in Appendix B at S. No. A.11.01.06 which includes a mixture to cow milk and buffalo milk. Goat milk was not included in this mixture. Notification No. GSR 55(E) dated 31-1-1979, which came into force from that date has introduced S. No. A. 11.01.05-A laying down the standard for mixed milk. Herein 'Mixed Milk' means combination of any of these milk viz. cow, buffalo, sheep, goat, or any other milch animal. But a combination of any of these milk which has been mentioned must conform to the standards given in the table below item No. A.l 1 O'.l . It is very clear now that the standard for standardised milk and mixed milk have been separately laid down now. Under the head 'MIXED MILK' as introduced after the amendment, the minimum quantity of milk fat required is 4.5 and non-fatty solids is 8.5. No such standard was laid down for mixed milk of cow, buffalo and goat prior to the amendment referred to above dated 31-1-1979. Since no standard was prescribed for such milk. Therefore, the question of infringing the rule does not arise. In 1979 (1) FAC 72 (1951 - 79 FAC(SC) 470), M.V. Krishnan Nambissan v. State of Kerala their Lordships of the Supreme Court have observed as follows : "No standard for the contents of butter-milk specifically or with reference to other items is prescribed..............Hence person selling butter milk cannot be convicted for an offence under Section 16(l)(a)(i) and Section 7 of the Prevention of Food Adulteration Act. 1954 with Rule 44 of P.F.A. Rules, 1955." The principle enunciated in this decision is fully applicable to the instant case. In my opinion, the applicant has been wrongly convicted.;