Interpretation

vivek kumar patel (Querist) 28 December 2011 This query is : Resolved
Selling of adulterated butter is an offence under the Prevention of Food Adulteration
Act, 1954. Under the Act, the term butter is defined as “butter prepared exclusively from
milk or cream of cow or buffalo or of both”.
X, who is being prosecuted for selling adulterated butter argues that the butter which
he is selling is neither prepared from milk nor cream but from the curd and therefore not
covered within the definition of butter under the Act. Also, it being a penal provision
should be constructed strictly in his favour. How would you decide?

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R.Ramachandran (Expert) 28 December 2011
Dear Mr. Vivek,
Please tell whether this is a current matter which you are handling, or you are testing whether we are aware about the already decided case law on this matter?

Devajyoti Barman (Expert) 28 December 2011
So silly excuse..
Curd itself comes of forms out of milk. So this argument has no basis.

prabhakar singh (Expert) 28 December 2011
Dear Mr. vivek kumar patel!
Since he is selling stuff beyond law then why should it not be called adulterated????
his stand looks a blade which can cut his cheeks otherwise you know milk to curd to butter,(ghee).

Deepak Nair (Expert) 29 December 2011
Where do he get curd from?
As opined by Prabhakar Sir, he is selling stuff beyond law which he admits himself. This is a silly defence which will not prevail or effect the judgment.