If milk of two cattle is mixed then, it is no where clear that what was the proportion of mixing of such milk and therefore, the accused must be given a benefit that the lowest standard given for a particular cattle shall be accepted because if mixed milk contains more percentage of that milk then, that percentage may be applied. In the present case, fat percentage is the lowest in the goat milk i.e. 3.0%, whereas the lowest percentage of solid not fat is 8.5%, which is taken from the standard of the cow milk. If the standard of the present mixed milk is examined then, it is apparent that percentage of fat was proper, whereas the percentage of solid not fat was less. If milk is adulterated then, generally, it can be adulterated by 3-4 methods. Firstly, water may be added to the milk, secondly, the cream may be removed from the milk and thirdly, extra starch etc. may be added to make the milk thick. In case of adding water, percentage of fat as well as percentage of solid not fat should be reduced. If cream is removed then, percentage of fat shall be reduced and if some extra material is added then, percentage of fat shall remain same and percentage of solid not fat shall be increased. In the present case, percentage of fat was 3.2% i.e. slightly higher than the standard and therefore, it cannot be said that the milk was adulterated by the aforesaid three means. The public analyst has given its report that milk was adulterated because solid not fat was found 5.78%, which was below then the standard of 8.5% but, the fat percentage in the milk was upto the mark.
IN THE HIGH COURT OF MADHYA PRADESH
Decided On: 22.04.2013
Appellants: Bharat Singh
Vs.
Respondent: State of Madhya Pradesh
Vs.
Respondent: State of Madhya Pradesh
Hon'ble Judges/Coram:N.K. Gupta , J.
Citation: 2014(4)Crimes337(M.P.), 2015(2)Crimes57(M.P.), 2014 FAJ 584 (M.P.)
