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Delhi Bather Vs. the Corporation of Madras by Its Food Inspector C.P. Subramaniam - Court Judgment

LegalCrystal Citation
SubjectFood Adulteration
CourtChennai
Decided On
Reported in(1940)1MLJ169
AppellantDelhi Bather
RespondentThe Corporation of Madras by Its Food Inspector C.P. Subramaniam
Excerpt:
- .....of adulteration act of 1918 for offering for sale butter containing more than 20 per cent, of water. the butter was offered for sale in sealed tins in the state in which it was purchased by the petitioner from lord's butter company and the evidence of the assistant manager of the lord's diary farm shows that the extra moisture must have got unavoidably admixed in the process of the manufacture of the butter. proviso (ii) to section 5 provides that no offence under that section shall be deemed to have been committed in such cases and the conviction of the petitioner cannot be sustained. it is therefore set aside and the fine if levied will be refunded.
Judgment:
ORDER

Lakshmana Rao, J.

1. The petitioner is the proprietor of an Oilman Stores in the Moore Market and he has been convicted under Section 5, Clause (1)(d) of the Madras Prevention of Adulteration Act of 1918 for offering for sale butter containing more than 20 per cent, of water. The butter was offered for sale in sealed tins in the state in which it was purchased by the petitioner from Lord's Butter Company and the evidence of the Assistant Manager of the Lord's Diary Farm shows that the extra moisture must have got unavoidably admixed in the process of the manufacture of the butter. Proviso (ii) to Section 5 provides that no offence under that section shall be deemed to have been committed in such cases and the conviction of the petitioner cannot be sustained. It is therefore set aside and the fine if levied will be refunded.


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