M. V. JOSHI versus M. U. SHIMP! AND ANOTHER

M. V. JOSHI versus M. U. SHIMP! AND ANOTHER

Butter prepared from curd is comprehended within the definition of 'butter' under r. A-11.05 of Appendix B to the Rules since it is prepared from milk and, irrespective of process, falls within the statute's intent. Selling butter failing to attain the prescribed standard amounts to selling adulterated butter by legal fiction under s. 2(i)(a) of the Act, regardless of the addition of foreign substances.

Parties
Appellant: M. V. Joshi; Respondent No. 1: M. U. Shimpi; Respondent No. 2: State
Jurisdiction
India
Judgment Date
27 February 1961
Procedural Posture
Criminal Appeal / Appeal by Special Leave From a Judgment of the Bombay High Court Reversing Acquittal and Convicting the Appellant Under the Prevention of Food Adulteration Act, 1954
Outcome
Appeal dismissed with modification of sentence.
Legal Topics
Prevention of Food Adulteration, Definition of Food Adulteration, Standards for Butter, Prescribed Standards and Legal Fictions, Interpretation of Penal Statutes
Criminal Law Food Safety Law Prevention of Food Adulteration Definition of Food Adulteration Standards for Butter Prescribed Standards and Legal Fictions Interpretation of Penal Statutes

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Parties

M. V. Joshi

Appellant

M. U. Shimpi

Respondent No. 1

State

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal by Special Leave From a Judgment of the Bombay High Court Reversing Acquittal and Convicting the Appellant Under the Prevention of Food Adulteration Act, 1954

Legal Issues

  1. 1 Whether butter prepared from curd falls within the definition of 'butter' in r. A-11.05 of Appendix B to the Prevention of Food Adulteration Rules, 1955
  2. 2 Whether selling butter below the prescribed standard without addition of foreign matter constitutes 'adulteration' under s. 2(i)(a) of the Prevention of Food Adulteration Act, 1954
  3. 3 Whether the appellant was rightly convicted based on the Public Analyst's report

Ratio Decidendi

Butter prepared from curd is comprehended within the definition of 'butter' under r. A-11.05 of Appendix B to the Rules since it is prepared from milk and, irrespective of process, falls within the statute's intent. Selling butter failing to attain the prescribed standard amounts to selling adulterated butter by legal fiction under s. 2(i)(a) of the Act, regardless of the addition of foreign substances.

Court Disposition

Appeal dismissed with modification of sentence.

Orders

  • Sentence of two months' rigorous imprisonment and fine of Rs. 250 set aside.
  • Appellant sentenced to pay a fine of Rs. 500 instead.