1984 (10) TMI 249

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.... For The Respondents : Mr V.S. 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 An....

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....le Judge of the High Court of Bombay dismissed 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 1....

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.... provides that an article of food shall 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 standa....