Judgment

O. CHINNAPPA REDDY, J.:- Special leave granted.

2. The Food Inspector, E Ward, Rajarampuri, purchased a sample of ice cream from the shop of the 4th respondent-firm, the partners of which were respondents 1 to 3. After following the procedure prescribed by statute, one part of the sample was sent to the Public Analyst for analysis. The report of the Public Analyst showed that the sample of ice cream contained 5.95% of milk fat as against the minimum of 10% prescribed by paragraph A 11.02.08 of Appendix B of the Prevention of Food Adulteration Rules, 1955. The learned Chief Judicial Magistrate of Kolhapur thought that it was impossible to attain the standard of purity prescribed by paragraph A.11.02.08 of Appendix B of the Prevention of Food Adulteration Rules, 1955, as ice cream was but a preparation of milk and the standard of purity prescribed for buffalo milk was but a minimum of 5% milk fat. The learned Magistrate was, therefore, of the view that Rule 5 read with paragraph A. 11.02.08 of Appendix B was impossible of compliance and, therefore, bad in law. On appeal by the State, a learned Single Judge of the High Court of Bombay dismissed the appeal in limine. The State h