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december 1982

Supreme Court of India · 1982-12-14

FOOD INSPECTOR, MUNICIPAL CORPORATION,BARODA vs MADANLAL RAMLAL SHARMA AND ANOTHER

Citation / case number
SC 1981/63705
Court
Supreme Court of India
Petitioner
FOOD INSPECTOR, MUNICIPAL CORPORATION,BARODA
Respondent
MADANLAL RAMLAL SHARMA AND ANOTHER
Bench
MISRA, R.B. (J)

Judgment text excerpt

The Supreme Court held that under the Prevention of Food Adulteration Act, 1954, churning of milk and milk preparations, including curd, can be effectively done by hand to ensure a homogeneous and representative sample for analysis. The Court found that the High Court erred in affirming the acquittal based on the belief that hand churning was inadequate, as there was no evidence to support this claim. The appeal was allowed, and the acquittal was set aside, emphasizing that the method of churning does not need to be instrument-based as per the Act.

FOOD INSPECTOR, MUNICIPAL CORPORATION,BARODA vs MADANLAL RAMLAL SHARMA AND ANOTHER · Niyam