Freezing point test is prescribed test for determination of degree of adulteration in milk.

On 30th April, 1965 at 9-45 a.m. the Food Inspector, Chittoor Municipality found the accused carrying a mixture of cow and buffalo milk intended for sale. He purchased three bollocks of milk for analysis in the presence of P.W.2 after serving a notice on the accused in the prescribed form. The milk was then and there separated into three parts and filled in three clean dry bottles and after the addition of formalin, a preservative, the bottles were duly sealed. One of the bottles was given to the accused. One bottle was sent to the Public Analyst and the third bottle was sent to Court. A statement was also recorded from the accused. After receiving the report of the Public Analyst that the sample sent to him was adulterated, the Food Inspector filed a complaint before the Judicial First Class Magistrate, Chittoor. The plea of the accused was that the milk was not intended for sale and that he was merely carrying the milk to a hotel at the instance of one of Jayaram Reddy. In support of his plea he examined one Muni Reddy The learned First Class Magistrate rejected the plea of the accused and the evidence of D.W. 1 and accepting the evidence of P.Ws. 1 and 2 held that the accused was carrying the milk intending it for sale . He also found that the sample which was sent to the Analyst had not decomposed and was in a fit condition for analysis when it was analysed by the Public Analyst. Inspite of these findings, however, he acquitted the accused on the ground that the Public Analyst had arrived at the result that the sample contained 11 per cent of extraneous water, not on the basis of the freezing point test, but on a calculation based on the percentage of solids not fat. According to the learned Magistrate the freezing point test alone was a conclusive test and other tests were not. He purported to rely on a judgment of the Madras High Court in Public Prosecutor v. Kalloor Rayavaram Co-operative Milk Supply Society, Limited1. The State has preferred this appeal against the order of acquittal.

The report of the Public Analyst in the present case is as follows:

“I hereby certify that I, M. Krishnamurthi, b.a.M.sc., A.R.I.C. Public Analyst for Chittoor Municipality duly appointed under the provisions of the Prevention of Food Adulteration Act, 1954, received on the 4th day of May, 1966 from the Food Inspector, Chittoor Municipality a sample of cow and buffalo milk marked No. 459 for analysis, properly sealed and fastened, and that I found the seal intact and unbroken.

I further certify that I have caused to be analysed the aforementioned sample, and declare the result of the analysis to be as follows:

Fat- 5.1 per cent.

Solids not fat- 8-0 per cent whereas clause A-11 in Appendix B to the Prevention of Food Adulteration Rules, 1955 requires that milk when sold without any indication as to whether is derived from cow, buffalo, goat or sheep contain not less than 9-0 per cent. solids not fat as in the case of buffalo milk.

I am of opinion that the sample contains 11 per cent of extraneous water as calculated from the solids not fat and is therefore adulterated.

Observations : The seals on the container of the sample were compared with the specimen impression sent by the Food Inspector ana were found to be identical with the same. The sample was preserved with formalin. No decomposition had taken place in the article since purchase that would interfere with the analysis.

Signed this second day of June, 1966 at Hyderabad.

(Sd.) M. Krishnamurthy,

Public Analyst”.

It will be seen from the report that the sample contained 5.1 per cent of milk fat as against the standard of 5 per cent prescribed in paragraph A. 11.10.02 read with paragraph A.11.01.03 of Appendix B to the Prevention of Food Adulteration Rules. The milk fat contained in the sample was, therefore, above the prescribed standard. The sample, according to the Public Analyst’s Certificate, contained 8 per cent of milk solids other than milk fat as against the standard of 9 per