Gujarat High Court Upholds Acquittal Of Dairy Owner In Ghee Adulteration Case
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Summarized by AI; it may make mistakes. Check important info
The Gujarat High Court has upheld the acquittal of an Ahmedabad dairy owner accused of selling adulterated ghee, holding that strict compliance with statutory procedures for collecting food samples is essential in adulteration prosecutions.
The court dismissed an appeal filed by the Ahmedabad Municipal Corporation (AMC) against the Metropolitan Magistrate Court's decision to acquit the owner of a dairy farm in Nikol.
AMC Had Collected 600-Gram Ghee Sample In 2010
The case dates back to September 6, 2010, when an AMC Food Inspector inspected the dairy premises and purchased 600 grams of a product labelled "Pure Ghee" for laboratory analysis.
The sample was subsequently examined by the Central Food Laboratory in Mysore. The laboratory report found the sample to be rancid and stated that its fatty acid composition did not conform to the prescribed standards for ghee.
Following sanction from the competent authorities, the AMC initiated prosecution against the dairy owner under Sections 7(1) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.
Food Officials Admitted Sampling Procedure Was Not Followed
During the trial, the Food Inspector and the staff member accompanying him admitted that the mandatory procedure prescribed for collecting the sample had not been followed.
In particular, the prosecution failed to establish that the container holding the ghee had been properly heated before the sample was collected and sealed, as required under Rules 14 and 4(4) of the Prevention of Food Adulteration Rules, 1955.
The Metropolitan Magistrate subsequently acquitted the dairy owner.
High Court Says Procedural Compliance Is Mandatory
While hearing the AMC's appeal, the Gujarat High Court observed that failure to comply with mandatory provisions governing the collection of food samples can vitiate the prosecution.
The court relied on precedents of the Supreme Court and reiterated that an appellate court should not interfere with an acquittal unless the lower court's findings are demonstrably perverse or manifestly illegal.
Finding no such legal error in the magistrate's order, the High Court upheld the acquittal and dismissed the AMC's appeal.
