STATE OF KARNATAKA Vs. SHETTY ICE CREAM COMPANY

JUDGEMENT

(1.) The accused are charged for committing offence punishable U/S 7(i) r/w. sec.2(ia) and (m) punishable u/s. 16(i) (a) (i) of the P.F.A. Act 1954 and P.F.A. Rules, 1955.

(2.) The prosecution is launched on the basis of the private complaint of the Food Inspector. A.3 was found selling ice creams in a public place at a shandy fare. The Food Inspector purchased ice cream cup on payment of money and issued a receipt. The product purchased was split into three parts. One part was handed over to A.3, the other part was retained by the complainant, the third part was sent to public analyst. The report of the public analyst disclose that the ice cream contains total solids 33.16%, milk fat 6.5%, artificial sweetening agent not detected protein 3.64%. In Appendix-B at A. 11.02.08 of Prevention of Food Adulteration Rules, 1955 the statutory standard prescribed are as follows:

(3.) The ice cream product shall contain not less am 10.0% milk fat 3.5% protein, 36.0 percent of total solids.