The Allahabad High Court has allowed a criminal revision and acquitted the paneer seller, setting aside his conviction under Sections 7/16 of the Prevention of Food Adulteration Act, 1954. Justice Samit Gopal found that the trial and appellate courts had overlooked the proviso to Section 2(i-a)(m) of the Act, which exempts quality deficiencies caused solely by natural factors beyond human control.
The sellor was convicted by the Chief Judicial Magistrate, Chandauli, on 25 January 2014 and sentenced to six months’ rigorous imprisonment and a fine of ₹1,000 for selling adulterated paneer. His conviction was upheld by the Additional Sessions Judge on 31 May 2018. The case stemmed from a sample of paneer collected by a food inspector on 20 November 2010, which, according to the Public Analyst’s report dated 20 December 2010, contained only 35.8% milk fat on a dry weight basis, below the prescribed 50% standard under Item No. A-11.02.05 of the Prevention of Food Adulteration Rules, 1955.
The revisionist’s counsel argued that the milk fat deficiency could have resulted from the quality of the milk itself, a factor neither examined in evidence nor addressed by the lower courts. Relying on the Supreme Court’s ruling in M/S Bhattacharjee Mahasya v. State of West Bengal (Crl. Appeal No. 1800 of 2022), counsel submitted that the proviso to Section 2(i-a)(m) specifically excluded such cases from the definition of adulteration when natural causes were responsible.
The High Court noted that both the moisture content (77.6% versus the permissible 70%) and the reduced milk fat could potentially be attributed to natural factors. As there was no evidence to rule out this statutory exception, the benefit had to go to the accused.
Accordingly, the Court allowed the revision, set aside the orders of the trial and appellate courts, acquitted the seller of all charges, and directed cancellation of his bail bond and discharge of sureties.
Appearances:
For the Revisionist: Sudarshan Singh, Advocate (through Sri Anurag Pandey holding brief)
For the State: Sri Birendra Pratap Singh, Advocate
