TaxTMI 
TaxTMI 
2000 (11) TMI 1227
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....uld not be sold for human consumption, further held that the milk sold was not shown to be camels milk at all. Nonetheless, learned single judge of the High Court, on the appeal preferred by the State, convicted the appellant under Section 16(1) of the Act and sentenced him to rigorous imprisonment for 6 months and to pay a fine of Rs. 1,000/-. Shri Doongar Singh, learned counsel for the appellant seemed to be more concerned with that part of the judgment by which the High Court declared that camels milk cannot be sold for human consumption. Learned counsel expressed the apprehension that the above view of the High Court would affect the people of the State of Rajasthan by and large as many of them habitually consume camels milk. Now ....
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....hort the Rules) contains Definitions and Standards of Quality of various articles of food. Rule 5 which falls@@ JJ within the said Part says that the standards of quality of various articles of food specified in Appendix B to these Rules are as defined in that appendix. Milk is defined in Item A.11.01.01 of Appendix B as the normal mammary secretion derived from complete milking of healthy milch animal without either addition thereto or extraction therefrom. But it shall be free from colostrum. The above definition does not differentiate between milk of different animals. Hence it is clear that camels milk also would fall within the amplitude of the said definition. The question whether the camel milk can be consumed by human beings as a fo....
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....ok Encyclopedia it is said that millions of people who live in Africa and Asia depend on camels to supply most of their needs For people who live deep in the deserts, camels are almost the only source of transportation, food, clothing, and shelter They drink camels milk and also make cheese from it. The milk is so rich and thick that it forms hard lumps in tea or coffee. In the book authored by Mr. G.S.Rathore, Former Director Animal Husbandary Department, Government of Rajasthan, which was published by Indian Council of Agricultural Research (ICAR is its acronym) under the title Camels and their Management the following passage appears in Chapter 17: Composition of Milk Milk does not occupy the same position in commerce as that of co....
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....ications/ouvrages/608/opening.html). The following passage in it under the caption The camels milk commodity systems, how to lay a bet on modernity, and traditional techniques, can profitably be used for our purpose. Some countries have already taken up the challenge of giving camels full productive animal status, an important factor in animal production economics. In most cases, the move was initiated by farsighted individuals who were ahead of their time and deserve recognition. The dairies set up here and there are an excellent, albeit isolated example, and the Laitiere de Mauuritanie is a case in point. The private initiatives launched by farmers to sell milk in production zones or urban consumption areas is another striding example ....
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....e the fact that in some States in India, particularly in Rajasthan, camel milk is extensively used as edible article. True, no standard has been specifically fixed for camels milk in the Rules. However, different standards have been fixed for different classes and designations of milk. In the table provided below the Rules, under Item A.11.01.11 of Appendix-B, only three classes of milk are mentioned i.e. buffalo milk, cow milk and goat or sheep milk. But clause (i) of the Note added to the table states thus: When milk is offered for sale without any distinction of class, the standards prescribed for buffalo milk shall apply. For buffalo milk different standards are fixed as for different States. For the State of Rajasthan the mini....
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....he Public Analyst who tested the sample in the laboratory has reported that it contained 25% of added water. Hence the offence to be found against appellant is Section 16(1)(a)(I) of the Act. We, therefore, uphold the conviction of the appellant though for different reasons which we have adverted to above. Now we have to decide the question of sentence. A plea was made before us to reduce the sentence to the minimum permitted under the first proviso to Section 16(1) of the Act. It is not disputed that if there are adequate and special reasons the sentence could be brought down to imprisonment for a term of 3 months and a fine of Rs. 500/-, as this case falls within the ambit of clause (i) of the Proviso to Section 16(1). Appellant ....