Public Prosecutor vs Sangammal

Anantanarayanan, J.—This is an appeal fifed by the State against the acquittal of the respondent, one Sangammal, by the learned Additional

First Class Magistrate, Coimbatore, in C. C. No. 120 of 1959. The facts are very simple, and within a short compass. The respondent was

prosecuted for sale of adulterated butter u/s 16(1)(g)(i) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954. The facts are

not in dispute that the respondent sold three-quarter pound of butter to the Food Inspector which, on analysis, was found to have been

adulterated.

The plea of the respondent was that she sold only goat''s butter, which does not fall within the ambit of the definition in the rules of the Act, and that

consequently, she was not liable for any offence. I may here briefly state that the analyst''s certificate shows that the sample contained 85 per Cent

of fat not derived from milk or cream. According to the learned Public Prosecutor, this implies that 15 per cent of the fat did consist of butter fat,

derived from milk on cream of cow or buffalo which would exclude the defence of a sale of goat butter. Hence, it is argued, the acquittal of the

respondent by the learned Additional First Class Magistrate was unjustified.

I have now gone carefully into the matter, and I find that the State cannot, upon the facts of this particular case, at least, canvass the merits of the

acquittal and succeed. For the relevant rules clearly show (Appendix B, Rule A 11.05) that butter, as referred to in the Act, implies ""the product

prepared exclusively from the milk or cream of cow or buffalo or both."" Hence, even if there is some admixture of goat butter and other butter,

such stuff would not fall within the definition. The results of the analyst do not conclusively prove in the present case, that the sample did not contain

an admixture of goat butter.

It may be worthwhile for the authorities, who are interested in implementing the provisions of the Act, to devise some sample (simple) chemical test

whereby the presence of goat butter in any sample can be infallibly detected. If this is done, and the possibility of goat butter being present is

excluded, then such prosecutions can be conducted without the risk of the escape by the offender through this loophole. With these observations,

the appeal is dismissed. A copy of the judgment will be forwarded to the Food Inspectorate authorities for information.