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IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD INDEX CIVIL MISC. WRIT PETITION NO.

62161 OF 2009 DISTRICT: BAREILLY

Khoya Paneer Cream-Milk Vikreta Welfare Society (Registered Society bearing No.633)through its Secretary Sri Santosh kumar Gupta Kutub khan Khoya Mandi Bareilly ..Petitioner Versus Union of India, through Secretary, Food and Civil Supply, Government Of India, New Delhi others ..Respondents S.N. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Particulars of the Case List of Dates in Chronological order Civil Misc. Stay Application No. of 2009 ( under Section 151 C.P.C. read With Chapter XXII rule ! of The Allahabad High Court Rules , 1952) CIVIL MISC. WRIT PETITION NO. OF 2009 (Under Article 226 of the Constitution of India) Registration no. of the petitioners society is 633 of 2009-10 which is valid up to 22.10.2014 Reports of the Public Analysts Laboratory having the testing of the pure milk Copy of seminar was conducted at the State Food Science Training Center Bareilly under the ministry of Agriculture and Food Processing Department, U.P questionnaire taken from the Chief Medical Officer, Saharanpur paper cutting indicating the false cases are leveled by police personnel by S.O. shahpur, Muzzfernagar paper cutting indicating demand of illegal gratification correspondence indicate the synthetic not defined, and no power to destroy the milk product without being examined in public analyst photo state copy of the rappers of the production of the respondents No. 8 to 13 as an exemplars indulged in the sale of Milk produce correspondences made by the officials of respondent No. 2 in respect of unauthorized of animals without any check by health department Affidavit Vakalatnama Date Annexure Page and

23.10.2009 06.02.2008 31.10.2009 11.1.2008 14.10.2009 8.11.2009 12.8.2008

1 2 3 4 5 6 7 8

3.2.2007

Dated/-14th November, 2009

(YOGESH KUMAR SAXENA) ADVOCATE COUNSEL FOR THE PETITIONER. Chamber No 139, High Court, Allahabad

IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD List of Dates in Chronological order CIVIL MISC. WRIT PETITION NO. 62161 OF 2009 DISTRICT: BAREILLY

Khoya Paneer Cream-Milk Vikreta Welfare Society (Registered Society bearing No.633)through its Secretary Sri Santosh kumar Gupta Kutub khan Khoya Mandi Bareilly ..Petitioner Versus Union of India, through Secretary, Food and Civil Supply, Government Of India, New Delhi others ..Respondents S.N. Date Particulars and

18Feb,1956

14.09.1997

29.5.2000

The state of the Uttar Pradesh vides notification No.10656 (ii)/xvi-(PH.)722-755 published in Gazette dated 18 Feb 1956 page 245 the Governor in exercise of the power conferred under clause (VIII) (2) of sub section II of the prevention food adulteration Act 1954 has been pleased to declare that the local authority of the various local area which includes rural area and town area, where in the sub-divisional Magistrate is assigned with the responsibility of in-charge, while in railway premises divisional medical officer has been assigned with the responsibility of the local authority in UP. By the insertion in the definition clause the definition of 2(da) (db) and (dc) have been inserted w.e.f. 14.09.1997 wherein the definition of the infant, infant food and the infant milk substitute have been inserted under the Prevention of Food Adulteration Rules 1955 under this definition clause of Rule 2(e) Local Authority have also been inserted w.e.f. 27.09.1975 as the Health Officer in respect of the local area and the expansion thereof have been extended up to sea port, aircraft, railway station and ordinance factory. The food and Drug Controller U.P. has already been empowered as Food (Health) Authority in Uttar Pradesh. The definition under the Prevention of the Food and Adulteration Act, 1954 on account of permitting the use of Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk ,Milk Powder, Skimmed Milk powder, Infant Milk food to its citizen, as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5 Prevention of the Food and Adulteration Rules, 1955 vide amendments up to 29.5.2000, in context of the definition of the Milk under A.11.01.01 and the provisions of Rule 44 of Prevention of the Food and Adulteration Rules, 1955 has become obsolete, redundant and non existent to the practical implications in its larger extent on account of the whole sale production of the condensed milk and the sale of the milk products by the national and multinational company in the form of condensed milk and thus if the definition of the adulterated milk is determined simply by having mixing of the water there, the condensed milk cannot be used as that of the milk for the consumption of the citizens.

3.2.2007

11.1.2008

6.2.2008

There is a complete violation of the provisions of The Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972, The Environmental (Protection) Act, 1986, Water (Prevention And Control of Pollution) Act, 1974 and Municipal Law meant for the protection of the society from obnoxious biodegradable substance like Caracas and Sewerage problem due to ruthless killing of the animals by the butchers in discriminatory resulting in contravention to the provisions of sections 428 and 429 of Indian Penal Code. Despite the request for the enforcement of the penal provision by the public at large against the people indulged in the process of degradation of the sensitivities of the children and people taught for adopting the lesson of non-violence by the spiritual personalities and also by the Father of our Nation, the Union of India and the State Government have completely failed to protect the society against the menace of the violence adopted by the criminals. The correspondences made by the officials of respondent No. 2 in respect of unauthorized of animals without any check by health department. All these measurements adopted by the administration in getting the identification of the synthetic milk are not the required standard of the precaution for which the honest citizens may be subjected to under gone a ruthless process of sending them to the jail after destroying their milk products in the drainage by the police. On one hand the poor farmers are subjected to demoralize by illegal address while on the other hand there has been the complete violation of the provision of the Prevention of the Cruelty on Animals Act 1960, Wile Life Protection Act 1962 and the Environmental (Protection) Act 1986. The municipal law meant for the protection of the society from obnoxious biodegradable substance created on account of the ruthless killing of these milk producing animals in the slaughter house is not having any control in contraventions to the provisions of the Indian Penal Code while on the other hand poor farmers having their only source of livelihood by the sale of their products produced through the milk are being subjected to the harassments by the Food Inspector , Police, Nagar Swasthya Adhikari and the official of the Health Department. The police without having any examination of their sample in the laboratory used to destroy the milk without verifying a to weather the said milk is having any adulteration which is prohibited under the provision of the Food and Adulteration Act but they simply throw away the entire milk found to be in the container under the garb of having the synthetic milk. After the examination of these samples in the laboratory of Public Analyst

12.8.2008

8.11.2009

14.10. 2009

10

23.10.2009

11

31.10.2009

U.P. the sample is found of the pure milk but by the time the testing of the milk is done in the laboratory at Uttar Pradesh, the entire food articles are destroyed by the Law Enforcement Agency comprising of the Food Inspector and other police personnel. The petitioners are not only interested for procuring the milk for its supply to the citizens but they are equally concerned from protecting the milk producing animals to be slaughtered on account of economical constituents to the farmers depended upon the income of the product of the animal husbandry. There is a competition of a poor farmer with the multinational company dealing in the products of the milk and on the competitive basis, there are always the disadvantage to the person having lesser resources then that of the people having the potential to get the entire system based upon exerting the pressure for political consideration in the democratic structure of our society. Rampant corruption in the industry of the milk products is ascending to the alarming extent by having the sale of synthetic milk in the market and so far its galloping race could not be halted despite the law enforcement agencies are having number of the statutory provisions incorporated after the amendment. Thus on one hand, the farmers are subjected to face the provisions of the Prevention of Food Adulteration Act, 1954 which have lost their relevance in the present socio economical crises and fast generating mechanism and the industrial growth. The correspondence indicates that the synthetic is not defined, and no power to destroy the milk product without being examined in public analyst, U.P. Lucknow. The misutilisation of the aforesaid power is on account of the reason that on one hand the government wants to get the people indulged into the adulteration of the Food Articles within the spear of the rule of law in the society but on the other hand the innocent vendors are subjected to undergo oppression and victimization. The true copy of the paper cutting dated 8. 11. 2009 indicating demand of illegal gratification In this manner the provisions of the prevention of the Food Adulteration Act are being misused by every authority meant for the Prevention of the Adulteration Act. The victim is only the poor farmers carrying on their business of the milk products. Their has been number of the report published in the news paper regarding unlawful arrest of the individual who dare to get their milk products being examined in the Public Analysts Laboratory at Lucknow. By the time their sample is passed by the Analysts Laboratory these persons use to under go the imprisonment even prior to their conviction for committing any offence under the provisions of the Food and Adulteration Act. Thus the police power is misused as that of the power to the license criminals in the society. The Petitioner society has been registered with an objective to provide every short of the help against the oppression and exploitation of the milk venders dealing in the products of Khoya, Paneer, Milk and Cream and for the aforesaid purposes to resolve their disputes and to negotiate the same to the officials dealing with the subject. The Registration of the society has been done under the Society Registration Act and the registration no. of the society is 633 of 2009-10 which is valid up to 22.10.2014. Two days seminar was conducted at the State Food Science Training Center Bareilly under the ministry of Agriculture and Food Processing Department, U.P. The aforesaid Seminar was organized apart from other Articles such as use of the vegetables and spices also on the subject of the quality control upon the articles prepare for the milk. It has been observed that the milk having the density of 1.030 to 1.034 is considered to be the pure milk which can be measured by the use of the lactometer. It has also been said that in case of Ararote is being mixed in the milk then few drops of iodine in the said milk may convert the entire milk blue in colour while the pure milk shall remain as the coffee Colour . (YOGESH KUMAR SAXENA) ADVOCATE COUNSEL FOR THE PETITIONER. Chamber No 139, High Court, Allahabad

Dated/-14th November, 2009

IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD

Civil Misc. Stay Application No. 1952) On Behalf Of

of 2009

( under Section 151 C.P.C. read With Chapter XXII rule ! of The Allahabad High Court Rules ,

Khoya Paneer Cream-Milk Vikreta Welfare Society (Registered Society bearing No.633)through its Secretary Sri Santosh kumar Gupta Kutub khan Khoya Mandi Bareilly ..Applicant/Petitioner In CIVIL MISC. WRIT PETITION NO. 62161 OF 2009 DISTRICT: BAREILLY

Khoya Paneer Cream-Milk Vikreta Welfare Society (Registered Society bearing No.633)through its Secretary Sri Santosh kumar Gupta Kutub khan Khoya Mandi Bareilly ..Petitioner Versus 1. Union of India, through Secretary, Food and Civil Supply, Government Of India, New Delhi 2. State of U.P. through Principal Secretary, Medical Health and Family Planning, Government of U.P., Lucknow 3. District Magistrate, Bareilly 4. Senior Superindent of Police, Bareilly 5. Nagar Swasthya Adhikari, Nagar Nigam Bareilly. 6. Food Inspector, Bareilly, 7. Public Analyst Laboratory U.P., Lucknow. 8. Param Dairy Limited, Param Nagar, G.T. Road Khurja, Bulandshahr. 9. Mother Dairy Fruit & Vegetable Pvt. Ltd., Mother Dairy, at Pilkhuwa Dairy, 18 KM Stone, Hapur Road,Pilkhuwa, District Ghaziabad 201 313 U.P. 10. Parag Milk ,Allahabad Dugdh Utpadak Sahkari Sangh Ltd. ( Allahabad Milk Production Cooperative Fedration Ltd.) , Allahabad 11. Shyam Dairy ( Skimmed Milk )Product , Shyam Enterprises, Shyam House, 44, Thornhill Road , Allahabad 12. Amul cool milk shake, Banaskantha, District Cooperative Milk producer, Palanpur, Gujrat PIN 385001 13. Vimal ( Table Morgarine), (a skimmed milk production ) Vimal oils and Foods Ltd. Near Palabasana, Railway Crossing High Way, Mehsana, Gujrat PIN 384003 ..Respondent To, The Honble the Chief Justice and his other companion Judges of the aforesaid court. The humble writ petition of the above named petitioners most respectfully showeth as under: 1. That by means of the present writ petition the petitioner Society is seeking the relief against the arbitrary misutilisation of the power pertaining to the authorities meant for prevention of the food adulteration especially milk products namely Khoya, Paneer, Milk and Cream by examination of the sample of the food articles as synthetic milk products without its examine in the laboratory, as together the consumption of these articles is injurious to its consumer but instead of the same the genuine venders dealing in the milk products are subjected to face unlawful distraction by the officials of the Health Department which is causing the scarcity and deficiency of the genuine produce of the milk to the public at large and resulting in vanishing of the animal husbandry farming the village life and hamlet 2. That it is submitted that on one hand, the milk of the cows and buffaloes and even of the goats are mixed up when the same is being brought to the market for consumption of the public after traveling a long distance from the remote area of a village to the urban area. It is not worthwhile to have 3 to 4 container by the milching man in his possession while covering the distance of more than 10 to 20 kilometers for the sale of their products in the market but their products are confiscated under the garb of the adulterated milk simply on account of the reason that the milk of the different cattle are inter mixed resulting in increase and decrease of fatty contents therein while on the other hand, there is no restriction upon the sale of the skimmed milk powder which is stated beyond the purview of the legislative competence in absence of any law regulating to these economical rider in the society. 3. That this Honble Court may provide that the adequate guide lines to the respondents for dealing with the menace of the synthetic milk and discourage the use of skimmed milk powder for the production of the milk products. There must be the check and balance upon the indiscriminate use of the skimmed powder milk as it may be disproportionate to the consumption and thereby providing a complete abrogation and subjugation to the production of the natural milk in the market otherwise the same may be classified as irrational classification which is prohibited under Article 14, 19 and 21 of the Constitution of India. The same is prohibited under the directive principles of the State Policy and as such this Honble Court may tear the veil behind such discrimination between the poor farmer and a multinational company. 4. That under these circumstances it is expedient in the interest of justice that this Honble Court may graciously be pleased to declare the provision Permitting the sale of skimmed milk powder and the condense milk as violative of the provision of natural milk in The Prevention of Adulteration Act,1954 as unconstitutional and ultra virus to the constitution of India as the said provisions are redundant, obsolete and based on irrational classification on account of the

fact that now the industry of the milk product have been commercialized by the use of schemed and condensed milk sold to the public by the multi national companies and thereby resulting in to demoralization to the people indulged into business of the animal husbandry. The effect of these provisions is the ruthless killing of the animals in the slaughter house as the farmers dealing with the milk producing animals are not providing the proper nourishment required for their survival and as such the legislative safe guard are not adequate, which were meant for the protection of the individual from the adulteration of the food articles are being misused by the law enforcement agencies having the control to prosecute the milk vender of the natural milk extracted from the milching animals with regard the definition under the Prevention of the Food and Adulteration Act, 1954 of Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk ,Milk Powder, Skimmed Milk powder, Infant Milk food as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5 Prevention of the Food and Adulteration Rules, 1955, in context to the definition of the Milk under A.11.01.01 and Rule 44 of Prevention of the Food and Adulteration Rules, 1955. 5. That under these circumstances it is expedient in the interest of justice that this Honble Court may graciously be pleased to issue the direction as to prevent the violation of the provisions of The Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972, The Environmental (Protection) Act, 1986, Water (Prevention And Control of Pollution) Act, 1974 and Municipal Law meant for the protection of the society from obnoxious biodegradable substance like Caracas and Sewerage problem due to ruthless killing of the animals by the butchers in discriminatory resulting in contravention to the provisions of sections 428 and 429 of Indian Penal Code. PRAYER It is, therefore, prayed that this Honble Court may graciously be pleased to pass ad interim mandamus declaring the provision of Prevention of the Food and Adulteration Act, 1954 on account of permitting the use of Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk ,Milk Powder, Skimmed Milk powder, Infant Milk used by the respondents No. 8 to 13 after intermixing with milk extracted from different chattels and water in condense milk food to its citizen, as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5 Prevention of the Food and Adulteration Rules, 1955, in context of the definition of the Milk under A.11.01.01 and the provisions of Rule 44 of Prevention of the Food and Adulteration Rules, 1955 as ultra virus to the article 14, 19, 21, 38, 39, and 41 as well as article 51-A of the petitioners farmers rights in our constitution and is there obsolete, redundant and non existent to the implications on account of the whole sale and production of the skimmed, condensed milk powder within the definition of the adulterated milk for the consumption of the citizens and based on irrational classification as the people indulged into business of the animal husbandry. It is further prayed that this Honble Court may graciously be pleased to issue the direction as to prevent the violation of the provisions of The Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972, The Environmental (Protection) Act, 1986, Water (Prevention And Control of Pollution) Act, 1974 and Municipal Law meant for the protection of the society from obnoxious biodegradable substance like Caracas and Sewerage problem due to ruthless killing of the animals by the butchers in discriminatory resulting in contravention to the provisions of sections 428 and 429 of Indian Penal Code or to pass any other order, which this Honble Court may deem fit in the present circumstances of the case. Dated/-14th November, 2009 (YOGESH KUMAR SAXENA) ADVOCATE COUNSEL FOR THE PETITIONER. Chamber No 139, High Court, Allahabad

IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL MISC. WRIT PETITION NO. 62161 OF 2009 (Under Article 226 of the Constitution of India) DISTRICT: BAREILLY Khoya Paneer Cream-Milk Vikreta Welfare Society (Registered Society bearing No.633)through its Secretary Sri Santosh kumar Gupta Kutub khan Khoya Mandi Bareilly ..Petitioner Versus 1. Union of India, through Secretary, Food and Civil Supply, Government Of India, New Delhi 2. State of U.P. through Principal Secretary, Medical Health and Family Planning, Government of U.P., Lucknow 3. District Magistrate, Bareilly 4. Senior Superindent of Police, Bareilly 5. Nagar Swasthya Adhikari, Nagar Nigam Bareilly. 6. Food Inspector, Bareilly, 7. Public Analyst Laboratory U.P., Lucknow. 8. Param Dairy Limited, Param Nagar, G.T. Road Khurja, Bulandshahr. 9. Mother Dairy Fruit & Vegetable Pvt. Ltd., Mother Dairy, at Pilkhuwa Dairy, 18 KM Stone, Hapur Road,Pilkhuwa, District Ghaziabad 201 313 U.P. 10. Parag Milk ,Allahabad Dugdh Utpadak Sahkari Sangh Ltd. ( Allahabad Milk Production Cooperative Fedration Ltd.) , Allahabad 11. Shyam Dairy ( Skimmed Milk )Product , Shyam Enterprises, Shyam House, 44, Thornhill Road , Allahabad 12. Amul cool milk shake, Banaskantha, District Cooperative Milk producer, Palanpur, Gujrat PIN 385001 13. Vimal ( Table Morgarine), (a skimmed milk production ) Vimal oils and Foods Ltd. Near Palabasana, Railway Crossing High Way, Mehsana, Gujrat PIN 384003 -----------..Respondent To, The Honble the Chief Justice and his other companion Judges of the aforesaid court. The humble writ petition of the above named petitioners most respectfully showeth as under: 1. That by means of the present writ petition the petitioner Society is seeking the relief against the arbitrary misutilisation of the power pertaining to the authorities meant for prevention of the food adulteration especially milk products namely Khoya, Paneer, Milk and Cream by examination of the sample of the food articles as synthetic milk products without its examine in the laboratory, as together the consumption of these articles is injurious to its consumer but instead of the same the genuine venders dealing in the milk products are subjected to face unlawful distraction by the officials of the Health Department which is causing the scarcity and deficiency of the genuine produce of the milk to the public at large and resulting in vanishing of the animal husbandry farming the village life and hamlet and no other writ petition is filed in relation to the same controversy by the petitioner. The petitioner has not received any caveat application, nor has the same been served to them by any one of the respondents. 2. That the Petitioner society has been registered with an objective to provide every short of the help against the oppression and exploitation of the milk venders dealing in the products of Khoya, Paneer, Milk and Cream and for the aforesaid purposes to resolve their disputes and to negotiate the same to the officials dealing with the subject. The Registration of the society has been done under the Society Registration Act and the registration no. of the society is 633 of 2009-10 which is valid up to 22.10.2014. The members of the society are the poor farmers having cows and buffalos in the village and helmets for earning their livelihood and the seller of the natural milk products prepared from the milk of Cows, buffalo brought in the containers from the village by these Milk producers in their containers. The true copy of the Registration of Society and its bylaws is being file and marked herewith Annexure no.1 to this writ petition. 3. That at the very outset it is submitted that the petitioner society is strictly against such individuals who are indulged in adulteration by introducing injurious substance being mixed up in the food products and they categories such individuals as not only enemy of the business community but they are also the enemy of the nation. It has been resolved by members of the society to provide every short of the assistance to the administration dealing with the adulteration of food articles. 4. That a panic to the public consuming milk and its product has been created by the media and through the channel by showing the preparation of the synthetic milk from the paint/oil

by pouring the fertilizer and caustic soda and thereafter the essence of the milk as one may consume it under the notion of consuming the milk. On the other hand if the genuine product of the milk are intermixed with the milk of the cow and the buffalo or the preparation of the milk is being done from the condensed milk available in the market by having the water being mixed up therein, the authorities empowered to check the adulteration under the Food Adulteration Act and within the power of Section 272 and 273 IPC i.e. the adulteration of the Food or Drink intended for sale and sale of noxious food or drink, the articles recovered by the police are destroyed even prior to sending its sample to the public analysts. Thus by means of the present writ petition the petitioner have come forward for enunciation of the guidelines provided by this Honble Court as to dealt with the menace of milk adulteration. 5. That the provisions of the Prevention of the Food Adulteration Act, 1954 have been enacted by the parliament in furtherance of entry 18 in union list of the seventh schedule of our Constitution of India. It has gone many amendments both by parliament and State Legislature. 6. That the provisions in Part IV enable the Legislatures to impose various duties on the citizens. The mandate of our Constitution is to build a welfare society and that object may be achieved to the extent the Directive principles are implemented by legislation. If so, in determining the constitutionality of such laws, when enacted, the Court should have regard to the Directives as well as the fundamental duties along with the fundamental rights. The Courts may also look at the duties while interpreting equivocal status which, admit of two constructions and also uphold the constitutionality of a statute the object of which is in consonance with a provision in Article 51 A of the Constitution of India. 7. That in this regard the definition under the Prevention of the Food and Adulteration Act, 1954 on account of permitting the use of Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk ,Milk Powder, Skimmed Milk powder, Infant Milk food to its citizen, as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5 Prevention of the Food and Adulteration Rules, 1955 vide amendments up to 29.5.2000, in context of the definition of the Milk under A.11.01.01 and the provisions of Rule 44 of Prevention of the Food and Adulteration Rules, 1955 as ultra virus, obsolete, redundant and non existent to the implications on account of the whole sale and production of the skimmed, condensed milk powder within the definition of the adulterated milk for the consumption of the citizens. 8. That similarly if the milk of the cow is mixed with that of the milk of the buffalo and is being sold in the marked the same is adulterated milk. Thus a delicate balance is required to check the misuse of the police power and to prevent the injurious product having the manufacture of the artificial milk on one hand while on the other hand a poor vendor having a cow for survival of his family from the income of the milk extracted from the cow will be punished from the same yardstick of the adulteration under the provisions of the Prevention of the Food Adulteration Act, 1954. 9. That the condense milk is supplied by the multinational company in order to prepare the products of the milk produce like Khoya, Paneer and cream resulting in lesser production of these product s from animal husbandry which is the source of livelihood to the formers. In the Algerian society of our traditional heritage, the farmers are subjected to undergo a lot of the economical crises and thereby in the zone of the competitive business, the monopoly of the multinational company supplying the condense milk from the foreign nation is eroding the vary foundation, on which the ecological cycle of the environment is dependent upon. 10. That there is the monsters inflation, and the steep fall in the value of the money by virtue of the same the prices of the agriculture products have risen up to the extent of non availability of the vegetables to the poor people and the enhancement of the value of the seed and the crop during the harvesting period. 11. The unproductively in the cost escalation at the time of sowing of the crop is further deteriorating the system of cultivation and as such the straw and other feeding products being supplied to the milk generating animals in the form of their food is proportionately enhancement in respect of the cost structure and as such there has been an increase in the cost of the milk and as such the condense milk supplied by the manufacturing unit of the milk products like Parag, Amul and the production of Respondent No. 8 to 13 are comparatively cheaper than that of the actual milk taken from the milk producing animals, like Buffalo, Cow and Goat etc. Thus there has been an alarming no production of the milk in the village and hamlets. 12. Those, as the immediate out come of these problems are dealt with further degenerations of the ecological cycle resulting into the global warming by the ruthless killing of these milk producing animals, but the butchers in the slaughter house and at every public place even during the festivals in the village. It is commonly understood that 71.4 % of population of our country resides in the village, and the source of income to the former living in village is either the cultivation, or the animal husbandry business, for providing nourishments to the people living in urban area. There has been a disproportionate increase in the cost of the transportation and the vehicle owners are reluctant to carry on the containers carrying the milk generated through the animal husbandry in the village by the farmer. 13. That in this manner, the farmers are not getting the adulate production to their business of milk production, while the other company dealing with the condense milk as that of their business products are having overriding effect upon the entire business of milk production. There is the conceal sympathy of the officials provided to get the prevention from the adulteration as the owner of the company manufacturing the condense milk are much more prosperous in the comparison of the income of the former generate through their animal husbandry. There is no standard prescribed as to when the natural milk is destroyed by the food inspector and the administration as the owner of the multinational company are having their political protection but the poor farmers are dealt with by roughness and toughness of

these authorities, who are empowered to take action against farmers under the provision of Food Adulteration Act, 1954. 14. That where as customer ask for Milk as defined under provision of A.11.01.01 of Appendix B in the Prevention of the Food and Adulteration Rules, 1955, he should be understood by the vender dealing in the milk produce to be desirous of purchasing the pure milk, but he supplied the skimmed milk by its seller, then the seller is guilty of offence under the provision of prevention of food adulteration act. For the convenient perusal of this Honble court the definition of the adulterant means deploying a material in the produce for the purposes of adulteration under Rule 44 of the Prevention of the Food and Adulteration Rules, 1955. 15. That by the act no. 34 of 1976 (with effect form 01.04.1976), after the definition of the adulterant, the definition of the adulterated has been inserted in Section 2 (ia) of the prevention of food adulteration act 1954, which is reproduce as under: Adulterated: Clause (ia) (ia) Adulterated an article of food shall be deemed to be adulterated (a) If the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality which it purports or is represented to be: (b) If the article contains any other substance which affects, or if the article is so processed as to effect injuriously the nature, substance or quality thereof; (c) If any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously the nature, substance or quality thereof; (d) If any constituent of the article has been wholly or in part abstracted so as to affect injuriously the nature, substance or quality thereof (e) If the article had been prepared, packed or kept under insanitary conditions whereby it has become contaminated or injurious to health (f) If the article consists wholly or in part of any filthy, putrid, rotten, decomposed or diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human consumption; (g) If the article is obtained from a diseased animal. (h) If the article contains any poisonous or other ingredient which renders it injurious to health; (i) If the container of the article is composed, whether wholly or in part, of any poisonous or deleterious substance which renders its contents injurious to health; (j) If any coloring matter other than that prescribed in respect thereof is present in the article, or if the amounts of the prescribed coloring matter which is present in the article are not within the prescribed limits of variability; (k) If the article contains any prohibited preservative or permitted preservative in excess of the prescribed limits; (l) If the quality or purity of the articles falls below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability, which render it injurious to health: (m) If the quality or purity of the articles falls below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability, but which does not render it injurious to health. Provided that, where the quality or purity of the article, being primary food, has fallen below the prescribed standards or its constituents are present in quantities not within the prescribed limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then, such article shall not be deemed to be adulterated within the meaning of this sub-clause. Explanation: Where two or more articles of primary food are mixed together and the resultant article of food (a) Is stored, sold or distributed under a name which denotes the ingredients thereof; and (b) Is not injurious to health, Then, such resultant article shall not be deemed to be adulterated within the meaning of this clause. 16. That the legislative history behind the introduction of the aforesaid definition was on account of the fact that there were the traders and entrepreneurs, who produce or manufacture adulterants for sale, the manufacture, sale or distribution of such adulterants has been made punishable under the act. The standard of the quality or articles of foods are prescribed in appendix B to the rules framed under this act. The aforesaid definition within its sweep may cover the adulteration by prohibiting coloring, flavoring or sweetening of its substance of an article of food. There may not be any trading of such articles which may be employed to adulterate another article of food, and thereby likely to lead to great mischief. Thus this is the duty of the authorities to provide the adulate protection to the animal husbandry of the farmers producing the milk, for its distribution and supplying to the vendor for consumption of the public in the urban area. 17. That the prejudice can not be confined to the pecuniary prejudice arising from the consumption of unwholesome food. The prejudice is the suffering of the ordinary consumer who pays the price of such produce but get in return the produce of the inferior quality. Thus, there is the immediate requirements is to vanish such prejudice of the purchaser of the milk and its products. 18. That if the deficiency in the fatty contents or the non fatty contents is found in the milk, it will be presume that the milk is adulterated. The aggregate of the fatty and non fatty solid contents is marginal, and then the court may not punish such vendor, even after being analyzed from the laboratory of public analyst.

19. That the cow milk may show the lesser percentage of the fatty contents in comparison to milk of the buffalo and thus the deficiency of the non fatty solid matter is not universally be presumed to be the adulterated milk. In this manner there is no strict guidelines provided under the act and in the practical situation to deal with the adulteration of the milk produce except by examination of its contents from the food laboratory, instituted and established under section 4 of the Food Adulteration Act. 20. That in the State of the Uttar Pradesh vides notification No.10656 (ii)/xvi-(P-H.)722-755 published in Gazette dated 18 Feb 1956 page 245 the Governor in exercise of the power conferred under clause (VIII) (2) of sub section II of the prevention food adulteration Act 1954 has been pleased to declare that the local authority of the various local area which includes rural area and town area, where in the sub-divisional Magistrate is assigned with the responsibility of in-charge, while in railway premises divisional medical officer has been assigned with the responsibility of the local authority in UP. 21. That local Health Authority has been inserted by the Act no 34 of 1976. By notification of the ministry of Railway Board, all Medical Superintendent /Divisional Medical officers in relation to there respective jurisdiction became the local Health Authority. Subsequently all medical officers, In-charge of the primary health centre, and the Nagar Swastha Adhikari, Senior Nagar Swastha Adhikari in the Nagar Nigam and Kshetra Panchayat act have been assigned with the power of Local Health Authority. Thus No of the Authority has been deployed to check the adulteration of the food articles, including the milk produce. 22. That although manufacture is incidental and ancillary a process to the manufacture of the article of the food and there has been prohibition for mis-branded of the food articles, but in the practical spare of the prevention of such type of the food adulteration, there has been the advertisement by the media having spontaneous reaction upon the psychology of the consumer that an individual is consuming the pulp of the mango when, he is consuming Mazza, slice and frooty. There is no authority having the restriction upon such misbranded to the consumption by the public. 23. That by the insertion in the definition clause the definition of 2(da) (db) and (dc) have been inserted w.e.f. 14.09.1997 wherein the definition of the infant, infant food and the infant milk substitute have been inserted under the Prevention of Food Adulteration Rules 1955 under this definition clause of Rule 2(e) Local Authority have also been inserted w.e.f. 27.09.1975 as the Health Officer in respect of the local area and the expansion thereof have been extended up to sea port, aircraft, railway station and ordinance factory. The food and Drug Controller U.P. has already been empowered as Food (Health) Authority in Uttar Pradesh. 24. That under section 9 the notification has already been issued having the definition of the Food Inspectors which is extended up to Local Areas in the State of U.P. The powers of the Food Inspector have been denied under section 10 of the Food Adulteration Act. While under section 20 preservative in respect of the milk, cream {(Dahi) Khoya and Khoya Based and Paneer Based sweets such as Kala Kand and Barfi, Chutney and Gur prepared coffee and prepared tea including toned, separated and skimmed milk} standard milk chenna, skimmed milk chenna have been inserted from the year of 1974 up to the year of 1975 have been inserted that:Milk- In case of cows milk to which necessary quantity of formalin has been added and which had been kept in normal circumstances the sample retains its character and is capable of being usefully had been kept in normal circumstances the sample retains its character and is capable of being usefully analyzed for a period of about ten months. (Babboo v. State, 1970 Cri LJ 196; AIR 1970 All122; Net Ram v. State, 1968 ALJ 916 not correctly decided], Where in a case of sample of milk, formalin was not added to the sample and there was a considerable delay in the analysis, it could not be presumed that requirements of the rule were satisfied. [1964 MLJ (Cri) 660]. Where the formalin added to the sample of milk was not of the same strength as prescribed, it was the duty of the prosecution to show that the formalin added was sufficient to prevent disintegration. [Nandu Ram Kotu Ram v. State, (1962) 2 Cri LJ 579 overruled in AIR 1965 Punj 328]. Curd- It is the duty of the prosecution to tell the court where and under what temperature that sample of the curd was kept till it was analyzed by the Public Analyst. It is also the duty of the prosecution to indicate the strength of the preservative put in the bottle. [Babu Ram v. State of Punjab, 1972 Cur LJ 351]. Khoa- Formalin is required to be mixed with khoa when it is in a liquid or semi-liquid form. Khoa Barfi is neither in liquid nor in semi-liquid form. Therefore, this rule will not be applicable to khoa barfi. A similar view has been expressed by the Delhi High Court in Nand Kishore v. State. [1979(1) FAC 20] therein also it has been held that khoa Pera is neither liquid nor semi-liquid. No preservative is separately prescribed under the rules for Khoa Pera Pera contained sugar which itself was its preservative. Moreover, what was to be examined by the Public Analyst or the Central Food Laboratory was the presence of an unpermitted coal tar dye and certainly no preservative has been prescribed in the rules against possible disintegration of the dye due to lapse of time the grievance in respect of violation of the rules is unfounded. [(1980)] 1 FAC 430]. 25. That the Honble Supreme Court in case of Kishan trimbak oothula Vs State of Maharashtra (1977) 1 SCC pg 300 has dealt with a narrow point as together Cows milk is an article of the food defer from buffalos milk, and as such whether both the milk may be put under the description of misbranded. Thus if the skimmed milk or the toned milk is sold under the name of cow milk, it is a clear case of mis branding. The sale of the turmeric powder with the level on the container that it has been meant for pooja held as constituted the misbranding

and it is not necessary for conviction under section 2(IX) (c) of the Prevention of Food Adulteration act, as together there was any criminal intension or not. 26. That likewise the sale with its grammatical variation and cognate expression means the transfer, otherwise then in pursuance of the contact for cash for other valuable consideration, in lieu of the settled a cost of the product and as such if the product purchased in exchange is for human consumption, used in the preparation of the human food, the same shall be subjected to undergone the provision the Food Adulteration Act. 27. That under section 10 of the Food Adulteration Act, there has been the empowerment to the Food Inspector to take the sample of the food articles for sending the same for the public analysis, and thus there is the purchase of such article by the food inspector as per the procedure prescribed under section 11 of the aforesaid act. 28. That if the milk is used for preparation of the tea, it may argue that the milk has been sold there and as such the provision of the prevention of the food Adulteration Act will apply against the tea stall vendor as he is not the dealer of milk selling. However since the sample of the milk was purchased by the food inspector for sending it to public analysis and the same was found to be adulterated, the Supreme Court found that the Tea stall vendor is guilty of committing an offence under section 7/16 of the Food Adulteration Act, Food Inspector Vs D Gopalan (1971) Vol-II, SCC Pg 322. 29. That the color is being mixed in the milk along with the sugar content by keeping it in chili condition inside the refrigerator for prevention of disintegration and as such the milk is misbranded and sold to the people by mixing up the color inside there by the reputed Government company dealing in production, collection and distribution of milk for human consumption but the sample of such conterminous milk produce is never send to the public analyst by the food inspector, But since the sentence of imprisonment can not be executed against the company, and thus, there is no conviction of these companies owned or controlled by the multinational companies of the prosperous nations. That the poor farmer is subjected to harassment, who is carrying 5-20 liters of the milk in his container for being sold in the market. 30. That the report of the Public analysis is seldom procured prior to taking any drastic action of spoiling the milk produce and throwing it in the drain by the food inspector. According to section 13 when the reports arise regarding adulteration the local authority can only destroy the remaining quantity of the milk article. However despite such procedural safeguards is provided to the producer of the milk from his animal husbandry to the farmer but the local authority are destroying their product under the police forces and there is no criminal action has been taken against such erring officials if there is no adulteration in the milk produce. Thus the judicial accountability of the aforesaid misutilisation of the sobering power and the transgression of the established procedure prescribed under the statutory provision to the producer of the milk is required to be observed by the state authority through the specific guidelines enumerated in this regard in exercise of the power conferred under article 226 of Constitution of India by this Honble Court. 31. That on one hand there has been the menace of using the oxytocine injection in the milk giving animals which is a punishable offence under the drugs and cosmetics Act 1940 as well as under the Drug Control Act 1950. It is also an offence under the provision of the Prevention of the Cruelty in Animals Act 1960 for which the punishment of two years imprisonment and the fine can be imposed by the court, however, no effective measurements have been adopted in order to get rid from the Harmon which is created in posterior pituitary supraoptic and perpendicular nucleus eye of hypothalamus for development was pristine hormones as it provides pressure upon the glands having the storage of milk thus the same is hazardous substance but in stead of having the prevention of these hazardous substance used for the purposes of the preparation of the condensed milk, the administration put its entire energy for registering the cases against the small farmers indulged into the business of sale of their milk from cows and buffaloes. 32. That for the purposes of generalize the effect of the use of oxytocine injection, it is a non appetite hormones having the property of causing the contraction of smooth muscles of myoepiphelian cells within the mammary glands which is prepared by the synthesis of the posterior to be of the pituitary and healthy domestic animals. The said injection is not band for its use upon the animals and as such the misuse of the oxytocine injection in the cattle have been found invariably for the manufacturing of the condensed milk and thus the same can be classified as the synthetic milk. 33. That there have been the false criminal cases leveled against the farmers carrying milk for their sale. The police without having any examination of their sample in the laboratory used to destroy the milk without verifying a to weather the said milk is having any adulteration which is prohibited under the provision of the Food and Adulteration Act but they simply throw away the entire milk found to be in the container under the garb of having the synthetic milk. After the examination of these samples in the laboratory of Public Analyst U.P. the sample is found of the pure milk but by the time the testing of the milk is done in the laboratory at Uttar Pradesh, the entire food articles are destroyed by the Law Enforcement Agency comprising of the Food Inspector and other police personnel. The true copy of a report dated 6.2.2008 of the Public Analysts Laboratory having the testing of the pure milk are being filed herewith and marked as Annexure No.2 to this writ petition. 34. That the two days seminar was conducted at the State Food Science Training Center Bareilly under the ministry of Agriculture and Food Processing Department, U.P. The aforesaid Seminar was organized apart from other Articles such as use of the vegetables and spices also on the subject of the quality control upon the articles prepare for the milk. It has been observed that the milk having the density of 1.030 to 1.034 is considered to be the pure milk which can be measured by the use of the lactometer. It has also been said that in case of Ararote is being mixed in the milk then few drops of iodine in the said milk may convert the

entire milk blue in colour while the pure milk shall remain of the coffee colour. The true copy of seminar conducted on 31.10.2009 at the State Food Science Training Center Bareilly under the ministry of Agriculture and Food Processing Department, U.P is being filed herewith and marked as Annexure No.3 to this writ petition. 35. That in case of any extract from the rice Madh is being mixed inside the milk then it will convert into the blue colour and thus a prima facie testing of these products are required before classifying them as that of the synthetic milk. That in case of the vegetable ghee is mixed up with the pure ghee then by mixing one spoon of hydrochloric acid and the sugar in side there then after 10 minutes the portion below the acid will become yellow and as such the mixing of the vegetable ghee in the pure ghee can be analyzed from the aforesaid test. That all these measurements adopted by the administration in getting the identification of the synthetic milk are not the required standard of the precaution for which the honest citizens may be subjected to under gone a ruthless process of sending them to the jail after destroying their milk products in the drainage by the police. On one hand the poor farmers are subjected to demoralize by illegal address while on the other hand there has been the complete violation of the provision of the Prevention of the Cruelty on Animals Act 1960, Wile Life Protection Act 1962 and the Environmental (Protection) Act 1986. The municipal law meant for the protection of the society from obnoxious biodegradable substance created on account of the ruthless killing of these milk producing animals in the slaughter house is not having any control in contraventions to the provisions of the Indian Penal Code while on the other hand poor farmers having their only source of livelihood by the sale of their products produced through the milk are being subjected to the harassments by the Food Inspector , Police, Nagar Swasthya Adhikari and the official of the Health Department. The true copy of the questionnaire taken from the Chief Medical Officer, Saharanpur on 11.1.2008 is being filed herewith and marked as Annexure No.4 to this writ petition. 36. That there has not been any restrictions upon the resourceful process who are indulged into the animals which is pregnant or has offspring less than three months old inside the slaughter house meant for the production of the meat. There is no check upon the Drugs and Cosmetic companies playing with the life of the milk producing animals but on the other hand the poor farmer having their business upon the income of the animal husbandry dealing with the product of the milk are being demoralized by the waste of their milk products and as such the measurements are required to be taken adequately by the authorities in correct implementation of the law in relations to the prevention of the adulteration on one hand and proper incentives to the farmers for the protection of the life of the milk producing animals when their milk products are sold in the market without having any unreasonable restrictions under the garb of the law enforcement measurements. 37. That in this manner the provisions of the prevention of the Food Adulteration Act are being misused by every authority meant for the Prevention of the Adulteration Act. The victim is only the poor farmers carrying on their business of the milk products. Their has been number of the report published in the news paper regarding unlawful arrest of the individual who dare to get their milk products being examined in the Public Analysts Laboratory at Lucknow. By the time their sample is passed by the Analysts Laboratory these persons use to under go the imprisonment even prior to their conviction for committing any offence under the provisions of the Food and Adulteration Act. Thus the police power is misused as that of the power to the license criminals in the society. The true copy of the paper cutting dated 14.10. 2009 indicating the false cases are leveled by police personnel by S.O. shahpur, Muzzefar Nagar is being filed herewith and marked as Annexure No.5 to this writ petition. 38. The reason for the misutilisation of the aforesaid power is on account of the reason that on one hand the government wants to get the people indulged into the adulteration of the Food Articles within the spear of the rule of law in the society but on the other hand the innocent vendors are subjected to undergo oppression and victimization. 39. That the skimmed milk powder is publicly available and is being sold by the respondents No. 8 to 13 to the public for its consumption and the milk is produced through such condensed milk. The same may be converted to the milk product like Khoya, Paneer for being used by the public however when anybody after getting the condensed milk converted to the milk prepare the milk products through such milk, the milk products like Khoya, Paneer, Dahi from such preparation if being sold to the marked are named and classified as that of the synthetic milk. The questioner were taken from the Chief Food Inspector Saharanpur by the Chief Medical Officer regarding the use of the schemed milk powder and a particular question was asked as to weather this powder may be classified as the synthetic category of the milk products it has been answered that when this condensed milk is mixed with the water then the proportionate mixing of the quantity may be called as the adulteration of the milk products thus no guidelines have been enumerated in this regard by the State Government for the production of the rights of the individuals dealing in milk products to the public. 40. That there is always a bargaining power between the seller of the milk products and the Food Inspector meant for the Prevention of the Food and Milk Products. There are the instances of the demand of illegal gratification by these Food Inspectors and in case the aforesaid demand is fulfilled then even the adulterated milk article are cleared for he sale in the public. In case of the resentment by the public not to fulfill the demand of illegal gratification, the false cases are concocted against the innocent persons and they are being arrested from their home by the police party. The incident of such arrest has been recorded by the hidden camera projecting the preparation of the adulterated food articles in the police station itself and thereafter having the arrest being made at the midnight from the village in which these police personnel were dealt with against their illegal actions by the public during the day time. The true copy of the paper cutting dated 8. 11. 2009 indicating demand of illegal gratification is being filed herewith and marked as Annexure No.6 to this writ petition

41. That there has been number of the illegal arrest noticed in the recent time and whenever the complaint of these illegal arrest were made to the higher authority then it was found that the Police personnel including the Station House Officer of the police station were found indulged in corruption. The cases are registered against these police officers but during the process of these developments the entire milk products are through away in the drainage. No body is there to compensate the loss suffer by the individuals selling his milk products but on the other hand there has been a quota fixed for registering the case against the innocent citizens by the officials of the respondents Thus the prevention of these atrocities is required to be done by the Judicial accountability of the executive power vested with the respondent authority this Honble Court being the sentinel and guardian of the public at large may issued the appropriate direction. The petitioner members have recorded the recording on the C.D indicating the creation of artificial synthetic milk in the police Station in order to get the arrest of the farmers for illegal gratification. 42. That the Honble Supreme Court in case of Milk Man Colony Vikas Samiti v. State of Rajasthan (2007) Vol.2 SCC 413 has been pleased apart from directing the respondents Government to relocate the milk dairy from the city, has further directed from stopping the dying of the cattle due to consumption of the plastic bags. It has been held that the owner of the bovine animals after milching the bovine animals were turning them out of the dairies so that they could eat whatever was available on the roads. The stray cattle including the cows, bulls, dogs etc freely roamed in the city area causing unhygienic, unhealthy and injurious practice of creating considerable nuisance to the citizens thus the public interest litigation is maintainable to stop such public nuisance. 43. That the reason for not supplying the adequate fodder to the milching animals is on account of the fact that on one hand there has been the completion with the companies dealing in the condensed milk while on the other hand the individual farmers who are having their livelihood on the income of the sale of their milk in the market, their products are destroyed simply on account of the reason that the milk of the cows is being mixed with the milk of the buffaloes. 44. That the skimmed milk powder is obtained from the skimmed milk of cows of buffaloes or a combination thereof in which calcium chloride, citric acid and sodium citrate, sodium salts of ortho phosphoric acid and poly phosphoric acid (as linear Phosphate) not exceeding 0.3% by weights of the finished products such addition need not be declared on the level. Skimmed milk powder shall not contain more than 1.5% milk fat and moisture shall not exceed 5.0% and the total acidity expressed as lactic acid shall not exceed 1.5%. The plate count shall not exceed 50,000/- per gram. The process of drawing shall be mentioned on the level. Similarly the ingredients of partly skimmed milk powder and infant milk food are prescribed under the provisions of prevention of Food Adulteration Rules, 1955 in its appendix B which may be taken note in deciding the matter. 45. That in this manner on one hand after mixing the solid milk products named the skimmed milk powder with the water, the preparation of the milk for consumption by the human being is permissible while on the other hand the farmer having the milk for being sold in the market is carrying the milk of the cow and buffalo mixed, he is prosecuted by the law enforcement agency under the garb of violation of the provisions of the section 7/16 of the Prevention of Food Adulteration Act. 46. That virtue of the aforesaid discrepancy while dealing with the standard of the proof required in respect of its permissible parameter of the statutory provision, on one hand the protection and promotion are provided to the manufacturer of the skimmed milk powder which is imported from the other nation and even the World Health Organization are sending them for the purposes of providing the nutrition to the children on the nominal cost of transportation. On the other hand the business of the animal husbandry being the part of the agriculture activities is subjected to under gone a lethal radiation in respect of its productivity which is ultimately causing the great economical rider upon the individual having the trade of milching in the remote village area. The person dealing with the few animals, generally the cows and buffalo is supposed to carry the milk in the container for being sold it to the public in the market after traveling the distance of many kilometers and thereafter from the earning of the milk products, he not only provide the nourishment and feeding to his own family members but also to the cattle. In absence of not having the outcome of the prices of the food products there is nothing remains for feeding to the animals and in such situation the farmer is subjected to leave his cattle either on the street for roaming inside the market or they are given to the butcher for being slaughtered in the slaughter house resulting in the crises of the global warming and other environmental hazards to the citizens. 47. That the petitioners are not only interested for procuring the milk for its supply to the citizens but they are equally concerned from protecting the milk producing animals to be slaughtered on account of economical constituents to the farmers depended upon the income of the product of the animal husbandry. There is a competition of a poor farmer with the multinational company dealing in the products of the milk and on the competitive basis, there are always the disadvantage to the person having lesser resources then that of the people having the potential to get the entire system based upon exerting the pressure for political consideration in the democratic structure of our society. Rampant corruption in the industry of the milk products is ascending to the alarming extent by having the sale of synthetic milk in the market and so far its galloping race could not be halted despite the law enforcement agencies are having number of the statutory provisions incorporated after the amendment. Thus on one hand, the farmers are subjected to face the provisions of the Prevention of Food Adulteration Act, 1954 which have lost their relevance in the present socio economical crises and fast generating mechanism and the industrial growth. The true copy of the correspondence indicate the synthetic not defined, and no power to destroy the milk

product without being examined in public analyst is being filed herewith and marked as Annexure No.7 to this writ petition. 48. That the petitioner is filing the photo state copy of the rappers of the production of the respondents No. 8 to 13 as an exemplars indulged in the sale of Milk produce and having their complete monopoly in the business of animal husbandry attributable to the farmers in furtherance of their rights under Section 142 and 144 of U. P. Zamindari and Land Reforms Act, 1952, but the farmers are always subjected to the atrocities of the food Inspectors having their Quota prescribed from the high up in the administrations in connivances of the owners and proprietors of Respondents No. 8 to 13 indulged in complete monopoly in the trade of Milk and Milk Produce products like Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk ,Milk Powder, Skimmed Milk powder, Infant Milk food as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5 Prevention of the Food and Adulteration Rules, 1955, for which the poor farmers dealing with their production natural milk from animal husbandry for the livelihood of their family. The true copy of the filing the photo state copy of the rappers of the production of the respondents No. 8 to 13 as an exemplars indulged in the sale of Milk produce is being filed herewith and marked as Annexure No.8 to this writ petition. 49. That there is a complete violation of the provisions of The Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972, The Environmental (Protection) Act, 1986, Water (Prevention And Control of Pollution) Act, 1974 and Municipal Law meant for the protection of the society from obnoxious biodegradable substance like Caracas and Sewerage problem due to ruthless killing of the animals by the butchers in discriminatory resulting in contravention to the provisions of sections 428 and 429 of Indian Penal Code. Despite the request for the enforcement of the penal provision by the public at large against the people indulged in the process of degradation of the sensitivities of the children and people taught for adopting the lesson of non-violence by the spiritual personalities and also by the Father of our Nation, the Union of India and the State Government have completely failed to protect the society against the menace of the violence adopted by the criminals. The true copy of the correspondences made by the officials of respondent No. 2 in respect of unauthorized of animals without any check by health department is being filed herewith and marked as Annexure No.9 to this writ petition. 50. That the provision of laws which are enforceable by the central government in exercise of their power conferred under the provision of prevention cruelty on animals act are enunciated as under;The ministry of social justice and empowerment exercising its power under sub section (1) of section 38 of the Prevention of cruelty to animals act 1960 was pleased to promulgate the provision of the Prevention of cruelty to animals (slaughter house ) Rules 2000. It is provided that the slaughter means the killing Or destruction of animals for the purposes of food and include all the processes and operation perform on such animals in order to prepare it for being slaughtered. That under Rule 2 ( c) slaughter house means where in 10 or more than 10 animals are slaughtered per day and duly licensed or recognized under a central, state or provincial act or any rules or regulations made there under. Thus the animals not to be slaughtered except in recognized or licensed houses. It is contemplated under rule 3 of the aforesaid Rules that no person shall slaughter any animals within a municipal area except in a slaughter house recognized or licensed by the concerned authority empowered under the law for the time being in force to do so. It is submitted that the sub rule (2) of Rule 3 provides that no animal which is pregnant, or has offspring less than three months old, or is under the age of three months or has not been certified by a veterinary doctor that it is in a fit condition to be slaughtered shall be slaughtered. The municipal or other local authority specified the Central Government for this purpose shall, having regard to the capacity of the slaughter house and the requirement of the local population of the area in which a slaughter house is situated, determine the maximum number of animals that may be slaughtered in a day. 51. That Under sub rule (d) of Rule 2 veterinary doctor is define as registered person under the Indian Veterinary Council Act,1984. The duties assigned to veterinary doctor are to examine thoroughly not more than 12 animals in an hour and not more than 96 animals in a day and thereafter he is supposed to issue a fitness certificate in the form specified the Central Government for slaughtering an animal. The slaughter house shall have a reception area of adequate size sufficient for livestock of the animal and the corpus of the animal subject to the inspection by the authorized by a veterinary doctor. 52. That Under Rule 6 it is provided that no animal shall be slaughtered in a slaughter house in sight of other animals. No animals shall be administered any chemical, drug or hormone before slaughter except drug for its treatment from any specific disease or ailment. The slaughter halls in a slaughter house shall provide separate sections of adequate dimensions sufficient for slaughter of individual animals to ensure that the animal to be slaughtered is not within the sight of other animals. Every slaughter house as soon as possible shall provide a separate space for stunning of animals prior to slaughter, bleedings and dressings of the carcasses. 53. That It is illegal under the Food and Drug Adulteration Prevention Act to give these injections, Find out from the milkman and then inform the police and the people buying the milk and have the dairy closed down. It is illegal for more than 12 cows / buffaloes per bogey and even then they have to go with an attendant and have to be milk giving cows only,. However all old cattle are being overloaded in the hundreds after paying bribes to the station master . These are sent for with a connivance of Railway employee so that one can not be informed when such a things are happening. If these killing of Milk producing Animals are not stopped immediately, there will be complete extinction of the natural milk for its consumption by public. Thus the authorities may be empowered to take the cattle off and register a case against the station master and the owner of the cattles.

54. That It looks cruel and adversely affects the tender feeling of thousands of vegetarians .Butchers will now have to make arrangements for walls or thick curtains to ensure that suspended skinned goats or limbs of cows or buffaloes are not visible to people. The sensitivity of the individual is provoked by the preaching of the great scholars and spiritual identities in every period of the history of our great nations and its tradition. We cannot put aside the sermons of Lord Buddha, Lord Mahavira, Swami Vivekanand, Swami Dayanand Sarasvati and of our father of the nation after getting the independence.There is a need for preservation of valuable heritage and to provide compassionate attitude under the glorious fundamental duties caste upon every citizen under article 51-A (g) of the he constitution of India. 55. That the law exists to serve the needs of the society, which is governed by it. If the law is to play its allotted role of serving the needs of the society, it must reflect the ideas and ideologies of that society. It must keep time with the heartbeats of the society and with the needs and aspirations of the people. As the society changes, the law cannot remain immutable. Sydney Smith, said, "When I hear any man talk of an unalterable law. I am convinced that he is an unalterable fool." The law must, therefore, in a changing society march in tune with the changed ideas and ideologies. Legislatures are, however, not best fitted for the role of adapting the law to the necessities of the time, for the legislative process is too slow and the legislatures often divided by politics, slowed down by periodic elections and overburdened with myriad other legislative activities. A constitutional document is even less suited to this task, for the philosophy and the ideologies underlying it must of necessity be expressed in broad and general terms and the process of amending a Constitution is too cumbersome and consuming to meet the immediate needs. This task must, therefore of necessity fall upon the courts because the courts can by the process of judicial interpretation adapt the law to suit the needs of the society. 56. That "It is something to show that the consistency of a system requires a particular result, but it is not all. The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been. and what it tends to become. We must alternately consult history and existing theories of legislation. But the most difficult labor will be to understand the combination of the two into new products at every stage. The substance of the law at any given time pretty nearly corresponds, so far as it goes, with what is then understood to be convenient; but its form and machinery, and the degree to which it is able to work out desired results, depend very much upon its past." 57. That the framers of our Constitution were men of vision and ideals, and many of them. had suffered in the cause of freedom. They wanted an idealistic and philosophic base upon which to raise the administrative superstructure of the Constitution, They, therefore, headed our Constitution with a preamble which declared India's goal and inserted Parts III and IV in the Constitution."It may not be possible to frame an exhaustive definition of what executive function means and implies. Ordinarily the executive power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away. The Indian Constitution has not indeed recognized the doctrine of separation of powers in its absolute rigidity but the functions of the different parts or branches of the Government have been sufficiently differentiated and consequently it can very well be said that our Constitution does not contemplate assumption, by one organ or part of the State, of functions that essentially belong to another. The executive indeed can exercise the powers of departmental or subordinate legislation when such powers are delegated to it by the legislature. It can also, when so empowered, exercise judicial functions in a limited way. The executive Government, however, can never go against the provisions of the Constitution or of any law. This is clear from the provisions of Article 154 of the Constitution but, as we have already stated, it does not follow from this that in order to enable the executive to function there must be a law already in existence and that the powers of the executive are limited merely to the carrying out of these laws." 58. That the power of Judicial review has been developed to a stage today when without reiterating any analysis of the steps by which the development has come about, one can conveniently classify under three heads the grounds on which administrative action is subject to would call illegality the second irrationality and the third procedural impropriety That is not, to say that further development on a case by case basis may not in course of time add further grounds. The possible adoption in the future of the principle of proportionality which is recognized in the administrative law of several of our fellow; but to dispose of the instant case the three already well established heads that I have mention will surface. 59. That No citizen has a fundamental right to trade in killing of milk producing animals whether indigenous or imported from other State. Assuming trade to be fundamental right granted under Article 19 (1) (g), the prohibition imposed thereon by the impugned Act is in public interest and in consonance with the moral claims embodied in Article 48 A of the Constitution; and the ban on trade in imported ivory and articles made there from is not violative of Article 14 of the Constitution and does not suffer from the mala fides namely, unreasonableness, unfairness and arbitrariness. In the context of our national dimensions of human rights, right to life, liberty, pollution, free air and water is guaranteed by the Constitution under Articles 21, 48A and 51 (g), it is the duty of the State to take effective steps to protect the guaranteed constitutional rights. 60. That "Democratic and aristocratic States are not in their own nature free. Political liberty is to be found only in moderate governments; and even in these it is not always found. It is there

only when there is no abuse of power. But constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as far as it will go. Is it not strange, though true, to say that virtue itself has need of limits?. In every government there are three sorts of powers : the legislative the executive in respect of things dependent on the law of nations and the executive in regard to matters that depend on the civil law..No right is absolute in a welfare state. Man is a social animal . He cannot live without the cooperation of large number of person. Thus when there is a clash between two fundamental rights, the right which would advance the public morality or the public interest would alone be enforced through the process of Court. Moral consideration can be kept at bay. Judges are not excepted to sit at mute structures of clay in the hall known as Court Room, but have to be sense that they must keep their finger firmly upon the pulse of the accepted morality of the day. 61. That "The functions of Government under our system are apportioned. The legislative department has been committed the duty of making laws; to the executive the duty of executing them : and to the judiciary, the duty of interpreting and applying them in cases properly brought before the Courts. The general rule is that neither department may invade the province of the other, and neither may control, direct, or restrain the action of the others." It is also well to remember that freedom depends upon the separation of three organs of the State.,, Each must function within its own domain and remain distinct. 62. That Judicial review of the administrative action or inaction where there is an obligation for action should be with caution and not in haste. Its sense of priority it has determined, there may have been certain lethargy and inaction. It has been said by Adam Smith in his 'Wealth of Nation' that whenever you see poverty widespread rest assured that either of the two causes must have operated, either energy has not been applied or energy has been misapplied. That the judicial system is based on the cooperation of the administration. It is well settled preposition of jurisprudence that every right has a corresponding duty upon the enforcing agencies regulated by the sovereignty of the State Government. Thus the enforcement of the provisions of the law and statutory provision is not only the responsibility of the Honble Courts meant for the enforcement of constitutional right but it is an elementary duty of the official assigned with the responsibility makes the enforcement of the Public order. There is a comedy of error in our celebrated principles that those person who are made accountable for the enforcement of law, are themselves violative the public order for extraneous consideration. Certainly judicial institutions must reflect the traditions, ideals and assumptions, and in the end must respond to the needs, claims and expectations of the social order in which they operate. They must not and ultimately cannot, move too far ahead or lag too far behind. The problem for the Supreme Court is one of finding of the proper degree of responsiveness and leadership or perhaps better, of short-term and long-term responsiveness. Yet, in seeking out this position the Court should not under-estimate the authority and prestige it has achieved over the years. Representing the conscience of the community" it has come to possess a very real power to keep alive and vital the higher values and goals towards which our society imperfectly strives Given its prestige, it would appear that the power of the Court to protect freedom of expression is unlikely to be substantially curtailed unless the whole structure of our democratic institutions is threatened". 63. That the Court of law has not become the mute spectator of the melody prevalent in the society in absence of fixing accountability of such officer who are guilty of violating the law. There is no fear in the mind of the public. The invasion of law is common phenomenon. The people have given up there basic instinct for the enforcement of social obligation and rather they have now dragged in the process of participating with such person who are the offender and invaders to the society at large. Thus the entire society has now become an association of dreaded criminals. There is no frustration in the mind of the public at large even to go behind the bar of jail if the same is having the attractive venture for the purposes of getting the predomination in the society. 64. That the Constitution enshrines and guarantees the rule of law and the power of the High Courts under Art. 226 (which is equally construe as per the power of Art. 32) is designed to ensure that each and every authority in the State, including the Government acts bona fide and within the limits of its powers and that when a Court is satisfied that there is an abuse or misuse of power and its jurisdiction is invoked, it is incumbent on the Court to afford justice to the individual. The Court further observed that in such an event the fact that the authority concerned denies the charge of mala fide, or asserts the absence of oblique motives or of its having taken into consideration improper or irrelevant matter, does not preclude the Court from inquiring into the truth of the allegations made against the authority and affording appropriate relief to the party aggrieved by such illegality or of use of power in the event of the allegations being made out. 65. That there is a growing body of authority, attributable in large part to the efforts of Lord Denning, to the effect that in some circumstances when public bodies and officers, in their dealings with a citizen, take it upon themselves to assume authority on a matter concerning him, the citizen is entitled to rely on their having the authority that they have asserted if he cannot reasonably be expected to know the limits of that authority; and he should not be required to suffer for his reliance if they lack the necessary authority." That the police force which was once being considered to be the protector of the public at large has now starting acting in a manner as it has now meant for ruining the society. There is a fear in the mind of the public even to pass through the police station as they have their genuine apprehension that they may be booked in some false cases. This is the reason why the people has now taken the resort to approach the Honble Court even for the enforcement for the such rights having the sanctity of law. This representation is given in anticipation that the higher authority under the benevolent jurisdiction may rise to the occasion as the applicant may not

be enforced to seek the protection against the redress of their grievance for the enforcement of law of prevention of cruelty of animal through the court of law. 66. That the humble petitioner without attributing any aspersion upon the administration is concerned with the aspect of maintaining any equilibrium in the environment by protecting the animals who are not only our friend for the ecological cycle of the nature but the human being is also dependent upon them. The foundation of the country is based on the principle of non-violence and compassionate attitude towards the life of defenseless innocent animals. The slaughter of an animal by the human being shows the aggressive trend of some irrational tendency of cruelty. Ultimately such country who have no policy for extracting the meat and other means of preparing the non-vegetarian dishes for pacifying the appetite of the taste have faced the desert and other natural calamity. This is not a matter of faith or ideology of any religion to commit an offense of the slaughter in an unsystematic manner but ultimately the instinct of killing is a crime. Thus the government is duty bound to respect the laws prohibiting any such cruelty of the innocent birds and cattles on the public street. There is also a danger of inviting a trouble of psychological depression in the mind of a child who has been born in the atmosphere of live and let live based on non-violence. Thus kindly implement the proper application of the provision of the law just to save the cruelty on animals. 67. That it is submitted that on one hand, the milk of the cows and buffaloes and even of the goats are mixed up when the same is being brought to the market for consumption of the public after traveling a long distance from the remote area of a village to the urban area. It is not worthwhile to have 3 to 4 container by the milching man in his possession while covering the distance of more than 10 to 20 kilometers for the sale of their products in the market but their products are confiscated under the garb of the adulterated milk simply on account of the reason that the milk of the different cattle are inter mixed resulting in increase and decrease of fatty contents therein, while on the other hand, there is no restriction upon the sale of the skimmed milk powder being used for manufacturing the skimmed condensed milk by pouring the water by the respondents No. 8 to 13 milk production companies and many others, which is stated beyond the purview of the legislative competence in absence of any law regulating to these economical rider in the society. 68. That this Honble Court may declare that the Prevention of the Food and Adulteration Act, 1954 on account of permitting the use of Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk ,Milk Powder, Skimmed Milk powder, Infant Milk food to its citizen, as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5 Prevention of the Food and Adulteration Rules, 1955, in context of the definition of the Milk under A.11.01.01 and the provisions of Rule 44 of Prevention of the Food and Adulteration Rules, 1955 has become obsolete, redundant and non existent to the practical implications in its larger extent on account of the whole sale production of the condensed milk and the sale of the milk products by the national and multinational company in the form of condensed milk and thus if the definition of the adulterated milk is determined simply by having mixing of the water there, the condensed milk cannot be used as that of the milk for the consumption of the citizens. 69. That this Honble Court may provide that the adequate guide lines to the respondents for dealing with the menace of the synthetic milk and discourage the use of skimmed milk powder for the production of the milk products. There must be the check and balance upon the indiscriminate use of the skimmed powder milk as it may be disproportionate to the consumption and thereby providing a complete abrogation and subjugation to the production of the natural milk in the market otherwise the same may be classified as irrational classification which is prohibited under Article 14, 19 and 21 of the Constitution of India. The same is prohibited under the directive principles of the State Policy and as such this Honble Court may tear the veil behind such discrimination between the poor farmer and a multinational company. 70. That under these circumstances it is expedient in the interest of justice that this Honble Court may graciously be pleased to declare the provision Permitting the sale of skimmed milk powder and the condense milk as violative of the provision of natural milk in The Prevention of Adulteration Act,1954 as unconstitutional and ultra virus to the constitution of India as the said provisions are redundant, obsolete and based on irrational classification on account of the fact that now the industry of the milk product have been commercialized by the use of schemed and condensed milk sold to the public by the multi national companies and thereby resulting in to demoralization to the people indulged into business of the animal husbandry. The effect of these provisions is the ruthless killing of the animals in the slaughter house as the farmers dealing with the milk producing animals are not providing the proper nourishment required for their survival and as such the legislative safe guard are not adequate, which were meant for the protection of the individual from the adulteration of the food articles are being misused by the law enforcement agencies having the control to prosecute the milk vender of the natural milk extracted from the milching animals with regard the definition under the Prevention of the Food and Adulteration Act, 1954 of Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk ,Milk Powder, Skimmed Milk powder, Infant Milk food as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5 Prevention of the Food and Adulteration Rules, 1955, in context to the definition of the Milk under A.11.01.01 and Rule 44 of Prevention of the Food and Adulteration Rules, 1955. 71. That under these circumstances it is expedient in the interest of justice that this Honble Court may graciously be pleased to issue the direction as to prevent the violation of the provisions of The Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972, The Environmental (Protection) Act, 1986, Water (Prevention And Control of Pollution) Act, 1974 and Municipal Law meant for the protection of the society from obnoxious biodegradable substance like Caracas and Sewerage problem due to ruthless killing of the animals by the

butchers in discriminatory resulting in contravention to the provisions of sections 428 and 429 of Indian Penal Code. 72. That there is no efficacious remedy available to the petitioner on the following amongst other grounds. GROUNDS a. Because, the Petitioner society has been registered with an objective to provide every short of the help against the oppression and exploitation of the milk venders dealing in the products of Khoya, Paneer, Milk and Cream and for the aforesaid purposes to resolve their disputes and to negotiate the same to the officials dealing with the subject. The Registration of the society has been done under the Society Registration Act and the registration no. of the society is 633 of 2009-10 which is valid up to 22.10.2014. b. Because, the petitioner society is strictly against such individuals who are indulged in adulteration by introducing injurious substance being mixed up in the food products and they categories such individuals as not only enemy of the business community but they are also the enemy of the nation. It has been resolved by members of the society to provide every short of the assistance to the administration dealing with the adulteration of food articles. c. Because, the public consuming milk and its product has been created by the media and through the channel by showing the preparation of the synthetic milk from the paint/oil by pouring the fertilizer and caustic soda and thereafter the essence of the milk as one may consume it under the notion of consuming the milk. On the other hand if the genuine product of the milk are intermixed with the milk of the cow and the buffalo or the preparation of the milk is being done from the condensed milk available in the market by having the water being mixed up therein, the authorities empowered to check the adulteration under the Food Adulteration Act and within the power of Section 272 and 273 IPC i.e. the adulteration of the Food or Drink intended for sale and sale of noxious food or drink, the articles recovered by the police are destroyed even prior to sending its sample to the public analysts. d. Because, as the immediate out come of these problems are dealt with further degenerations of the ecological cycle resulting into the global warming by the ruthless killing of these milk producing animals, but the butchers in the slaughter house and at every public place even during the festivals in the village. It is commonly understood that 71.4 % of population of our country resides in the village, and the source of income to the former living in village is either the cultivation, or the animal husbandry business, for providing nourishments to the people living in urban area. There has been a disproportionate increase in the cost of the transportation and the vehicle owners are reluctant to carry on the containers carrying the milk generated through the animal husbandry in the village by the farmer. e. Because, the farmers are not getting the adulate production to their business of milk production, while the other company dealing with the condense milk as that of their business products are having overriding effect upon the entire business of milk production. There is the conceal sympathy of the officials provided to get the prevention from the adulteration as the owner of the company manufacturing the condense milk are much more prosperous in the comparison of the income of the former generate through their animal husbandry. There is no scans when the sample of the condense milk is destroyed by the food inspector and the administration as the owner of the multinational company are having their political protection but the poor farmers are dealt with by gruffness and toughness of these authorities, who are empowered to take action against farmers under the provision of Food Adulteration Act, 1954. f. Because, customer ask for Milk as defined under provision of A.11.01.01 of Appendix B in the Prevention of the Food and Adulteration Rules, 1955, he should be understood by the vender dealing in the milk produce to be desirous of purchasing the pure milk, but he supplied the skimmed milk by its seller, then the seller is guilty of offence under the provision of prevention of food adulteration act. For the convenient perusal of this Honble court the definition of the adulterant means deploying a material in the produce for the purposes of adulteration under Rule 44 of the Prevention of the Food and Adulteration Rules, 1955. g. Because, the manufacture is incidental and ancillary a process to the manufacture of the article of the food and there has been prohibition for mis-branded of the food articles, but in the practical spare of the prevention of such type of the food adulteration, there has been the advertisement by the media having spontaneous reaction upon the psychology of the consumer that an individual is consuming the pulp of the mango when, he is consuming Mazza, slice and frooty. There is no authority having the restriction upon such misbranded to the consumption by the public. h. Because, State of the Uttar Pradesh vides notification No.10656 (ii)/xvi-(P-H.)722-755 published in Gazette dated 18 Feb 1956 page 245 the Governor in exercise of the power conferred under clause (VIII) (2) of sub section II of the prevention food adulteration Act 1954 has been pleased to declare that the local authority of the various local area which includes rural area and town area, where in the sub-divisional Magistrate is assigned with the responsibility of in-charge, while in railway premises divisional medical officer has been assigned with the responsibility of the local authority in UP. i. Because, the condense milk is supplied by the multinational company in order to prepare the products of the milk produce like Khoya, Paneer and cream resulting in lesser production of these product s from animal husbandry which is the source of livelihood to the formers. In the Algerian society of our traditional heritage, the farmers are subjected to undergo a lot of the economical crises and thereby in the zone of the competitive business, the monopoly of the multinational company supplying the condense milk from the foreign nation is eroding the vary foundation, on which the ecological cycle of the environment is dependent upon. j. Because, if the milk of the cow is mixed with that of the milk of the buffalo and is being sold in the marked the same is adulterated milk. Thus a delicate balance is required to check the misuse of the police power and to prevent the injurious product having the manufacture of

the artificial milk on one hand while on the other hand a poor vendor having a cow for survival of his family from the income of the milk extracted from the cow will be punished from the same yardstick of the adulteration under the provisions of the Prevention of the Food Adulteration Act, 1954. k. Because, the sale with its grammatical variation and cognate expression means the transfer, otherwise then in pursuance of the contact for cash for other valuable consideration, in lieu of the settled a cost of the product and as such if the product purchased in exchange is for human consumption, used in the preparation of the human food, the same shall be subjected to undergone the provision the Food Adulteration Act. l. Because, the definition under the Prevention of the Food and Adulteration Act, 1954 on account of permitting the use of Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk ,Milk Powder, Skimmed Milk powder, Infant Milk food to its citizen, as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5 Prevention of the Food and Adulteration Rules, 1955 vide amendments up to 29.5.2000, in context of the definition of the Milk under A.11.01.01 and the provisions of Rule 44 of Prevention of the Food and Adulteration Rules, 1955 has become obsolete, redundant and non existent to the practical implications in its larger extent on account of the whole sale production of the condensed milk and the sale of the milk products by the national and multinational company in the form of condensed milk and thus if the definition of the adulterated milk is determined simply by having mixing of the water there, the condensed milk cannot be used as that of the milk for the consumption of the citizens. m. Because, In case of cows milk to which necessary quantity of formalin has been added and which had been kept in normal circumstances the sample retains its character and is capable of being usefully had been kept in normal circumstances the sample retains its character and is capable of being usefully analyzed for a period of about ten months. (Babboo v. State, 1970 Cri LJ 196; AIR 1970 All122; Net Ram v. State, 1968 ALJ 916 not correctly decided], Where in a case of sample of milk, formalin was not added to the sample and there was a considerable delay in the analysis, it could not be presumed that requirements of the rule were satisfied. [1964 MLJ (Cri) 660]. Where the formalin added to the sample of milk was not of the same strength as prescribed, it was the duty of the prosecution to show that the formalin added was sufficient to prevent disintegration. [Nandu Ram Kotu Ram v. State, (1962) 2 Cri LJ 579 overruled in AIR 1965 Punj 328]. n. Because,It is the duty of the prosecution to tell the court where and under what temperature that sample of the curd was kept till it was analysed by the Public Analyst. It is also the duty of the prosecution to indicate the strength of the preservative put in the bottle. [Babu Ram v. State of Punjab, 1972 Cur LJ 351]. o. Because, the arbitrary misutilisation of the power pertaining to the authorities meant for prevention of the food adulteration especially milk products namely Khoya, Paneer, Milk and Cream by examination of the sample of the food articles as synthetic milk products without its examine in the laboratory, as together the consumption of these articles is injurious to its consumer but instead of the same the genuine venders dealing in the milk products are subjected to face unlawful distraction by the officials of the Health Department which is causing the scarcity and deficiency of the genuine produce of the milk to the public at large and resulting in vanishing of the animal husbandry farming the village life and hamlet. p. Because, formalin is required to be mixed with khoa when it is in a liquid or semi-liquid form. Khoa Barfi is neither in liquid nor in semi-liquid form. Therefore, this rule will not be applicable to khoa barfi. A similar view has been expressed by the Delhi High Court in Nand Kishore v. State. [1979(1) FAC 20] therein also it has been held that khoa Pera is neither liquid nor semi-liquid. No preservative is separately prescribed under the rules for Khoa Pera Pera contained sugar which itself was its preservative. Moreover, what was to be examined by the Public Analyst or the Central Food Laboratory was the presence of an unpermitted coal tar dye and certainly no preservative has been prescribed in the rules against possible disintegration of the dye due to lapse of time the grievance in respect of violation of the rules is unfounded. [(1980)] 1 FAC 430]. q. Because, the milk of the cows and buffaloes and even of the goats are mixed up when the same is being brought to the market for consumption of the public after traveling a long distance from the remote area of a village to the urban area. It is not worthwhile to have 3 to 4 container by the milching man in his possession while covering the distance of more than 10 to 20 kilometers for the sale of their products in the market but their products are confiscated under the garb of the adulterated milk simply on account of the reason that the milk of the different cattle are inter mixed resulting in increase and decrease of fatty contents therein while on the other hand, there is no restriction upon the sale of the skimmed milk powder which is stated beyond the purview of the legislative competence in absence of any law regulating to these economical rider in the society. r. Because, the Honble Supreme Court in case of Kishan trimbak oothula Vs State of Maharashtra (1977) 1 SCC pg 300 has dealt with a narrow point as together Cows milk is an article of the food defend from buffalos milk, and as such whether both the milk may be put under the description of misbranded. Thus if the skimmed milk or the toned milk is sold under the name of cow milk, it is a clear case of mis branding. The sale of the turmeric powder with the level on the container that it has been meant for pooja held as constituted the misbranding and it is not necessary for conviction under section 2(IX) (c) of the Prevention of Food Adulteration act, as together there was any criminal intension or not. s. Because, if the milk is used for preparation of the tea, it may argue that the milk has been sold there and as such the provision of the prevention of the food Adulteration Act will apply against the tea stall vendor as he is not the dealer of milk selling. However since the sample of the milk was purchased by the food inspector for sending it to public analysis and the same was found to be adulterated, the Supreme Court found that the Tea stall vendor is

t.

u.

v.

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x.

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guilty of committing an offence under section 7/16 of the Food Adulteration Act, Food Inspector Vs D Gopalan (1971) Vol-II, SCC Pg 322. Because, in case of any extract from the rice Madh is being mixed inside the milk then it will convert into the blue colour and thus a prima facie testing of these products are required before classifying them as that of the synthetic milk. That in case of the vegetable ghee is mixed up with the pure ghee then by mixing one spoon of hydrochloric acid and the sugar in side there then after 10 minutes the portion below the acid will become yellow and as such the mixing of the vegetable ghee in the pure ghee can be analyzed from the aforesaid test. That all these measurements adopted by the administration in getting the identification of the synthetic milk are not the required standard of the precaution for which the honest citizens may be subjected to under gone a ruthless process of sending them to the jail after destroying their milk products in the drainage by the police. On one hand the poor farmers are subjected to demoralize by illegal address while on the other hand there has been the complete violation of the provision of the Prevention of the Cruelty on Animals Act 1960, Wile Life Protection Act 1962 and the Environmental (Protection) Act 1986. The municipal law meant for the protection of the society from obnoxious biodegradable substance created on account of the ruthless killing of these milk producing animals in the slaughter house is not having any control in contraventions to the provisions of the Indian Penal Code while on the other hand poor farmers having their only source of livelihood by the sale of their products produced through the milk are being subjected to the harassments by the Food Inspector , Police, Nagar Swasthya Adhikari and the official of the Health Department. Because, the Honble Supreme Court in case of Milk Man Colony Vikas Samiti v. State of Rajasthan (2007) Vol.2 SCC 413 has been pleased apart from directing the respondents Government to relocate the milk dairy from the city, has further directed from stopping the dying of the cattle due to consumption of the plastic bags it has been held that the owner of the bovine animals after milching the bovine animals were turning them out of the dairies so that they could eat whatever was available on the roads. The stray cattle including the cows, bulls, dogs etc freely roamed in the city area causing unhygienic, unhealthy and injurious practice of creating considerable nuisance to the citizens thus the public interest litigation is maintainable to stop such public nuisance. Because, the reason for not supplying the adequate fodder to the milching animals is on account of the fact that on one hand there has been the completion with the companies dealing in the condensed milk while on the other hand the individual farmers who are having their livelihood on the income of the sale of their milk in the market, their products are destroyed simply on account of the reason that the milk of the cows is being mixed with the milk of the buffaloes. Because, there is a complete violation of the provisions of The Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972, The Environmental (Protection) Act, 1986, Water (Prevention And Control of Pollution) Act, 1974 and Municipal Law meant for the protection of the society from obnoxious biodegradable substance like Caracas and Sewerage problem due to ruthless killing of the animals by the butchers in discriminatory resulting in contravention to the provisions of sections 428 and 429 of Indian Penal Code. Despite the request for the enforcement of the penal provision by the public at large against the people indulged in the process of degradation of the sensitivities of the children and people taught for adopting the lesson of non-violence by the spiritual personalities and also by the Father of our Nation, the Union of India and the State Government have completely failed to protect the society against the menace of the violence adopted by the criminals. Because, the provision of laws which are enforceable by the central government in exercise of their power conferred under the provision of prevention cruelty on animals act are enunciated as under;The ministry of social justice and empowerment exercising its power under sub section (1) of section 38 of the Prevention of cruelty to animals act 1960 was pleased to promulgate the provision of the Prevention of cruelty to animals (slaughter house ) Rules 2000. It is provided that the slaughter means the killing Or destruction of animals for the purposes of food and include all the processes and operation perform on such animals in order to prepare it for being slaughtered. That under rule 2 ( c) slaughter house means where in 10 or more than 10 animals are slaughtered per day and duly licensed or recognized under a central, state or provincial act or any rules or regulations made there under. Thus the animals not to be slaughtered except in recognized or licensed houses. It is contemplated under rule 3 of the aforesaid Rules that no person shall slaughter any animals within a municipal area except in a slaughter house recognized or licensed by the concerned authority empowered under the law for the time being in force to do so. It is submitted that the sub rule (2) of Rule 3 provides that no animal which is pregnant, or has offspring less than three months old, or is under the age of three months or has not been certified by a veterinary doctor that it is in a fit condition to be slaughtered shall be slaughtered. The municipal or other local authority specified the Central Government for this purpose shall, having regard to the capacity of the slaughter house and the requirement of the local population of the area in which a slaughter house is situated, determine the maximum number of animals that may be slaughtered in a day. Because, It looks cruel and adversely affects the tender feeling of thousands of vegetarians .Butchers will now have to make arrangements for walls or thick curtains to ensure that suspended skinned goats or limbs of cows or buffaloes are not visible to people. The sensitivity of the individual is provoked by the preaching of the great scholars and spiritual identities in every period of the history of our great nations and its tradition. We cannot put aside the sermons of Lord Buddha, Lord Mahavira, Swami Vivekanand, Swami Dayanand Sarasvati and of our father of the nation after getting the independence. There is a need for preservation of valuable heritage and to provide compassionate attitude under the glorious

fundamental duties caste upon every citizen under article 51-A (g) of the he constitution of India. 73. That the law exists to serve the needs of the society, which is governed by it. If the law is to play its allotted role of serving the needs of the society, it must reflect the ideas and ideologies of that society. It must keep time with the heartbeats of the society and with the needs and aspirations of the people. As the society changes, the law cannot remain immutable. Sydney Smith, said, "When I hear any man talk of an unalterable law. I am convinced that he is an unalterable fool." The law must, therefore, in a changing society march in tune with the changed ideas and ideologies. Legislatures are, however, not best fitted for the role of adapting the law to the necessities of the time, for the legislative process is too slow and the legislatures often divided by politics, slowed down by periodic elections and overburdened with myriad other legislative activities. A constitutional document is even less suited to this task, for the philosophy and the ideologies underlying it must of necessity be expressed in broad and general terms and the process of amending a Constitution is too cumbersome and consuming to meet the immediate needs. This task must, therefore of necessity fall upon the courts because the courts can by the process of judicial interpretation adapt the law to suit the needs of the society. aa. Because, "It is something to show that the consistency of a system requires a particular result, but it is not all. The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics. In order to know what it is, we must know what it has been. and what it tends to become. We must alternately consult history and existing theories of legislation. But the most difficult labor will be to understand the combination of the two into new products at every stage. The substance of the law at any given time pretty nearly corresponds, so far as it goes, with what is then understood to be convenient; but its form and machinery, and the degree to which it is able to work out desired results, depend very much upon its past. bb. Because, " the framers of our Constitution were men of vision and ideals, and many of them. had suffered in the cause of freedom. They wanted an idealistic and philosophic base upon which to raise the administrative superstructure of the Constitution., They, therefore, headed our Constitution with a preamble which declared India's goal and inserted Parts III and IV in the Constitution."It may not be possible to frame an exhaustive definition of what executive function means and implies. Ordinarily the executive power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away. The Indian Constitution has not indeed recognized the doctrine of separation of powers in its absolute rigidity but the functions of the different parts or branches of the Government have been sufficiently differentiated and consequently it can very well be said that our Constitution does not contemplate assumption, by one organ or part of the State, of functions that essentially belong to another. The executive indeed can exercise the powers of departmental or subordinate legislation when such powers are delegated to it by the legislature. It can also, when so empowered, exercise judicial functions in a limited way. The executive Government, however, can never go against the provisions of the Constitution or of any law. This is clear from the provisions of Article 154 of the Constitution but, as we have already stated, it does not follow from this that in order to enable the executive to function there must be a law already in existence and that the powers of the executive are limited merely to the carrying out of these laws." cc. Because, the power of Judicial review has been developed to a stage today when without reiterating any analysis of the steps by which the development has come about, one can conveniently classify under three heads the grounds on which administrative action is subject to would call illegality the second irrationality and the third procedural impropriety That is not, to say that further development on a case by case basis may not in course of time add further grounds. The possible adoption in the future of the principle of proportionality which is recognized in the administrative law of several of our fellow; but to dispose of the instant case the three already well established heads that I have mention will surface. dd. Because, No citizen has a fundamental right to trade in killing of milk producing animals whether indigenous or imported from other State. Assuming trade to be fundamental right granted under Article 19 (1) (g), the prohibition imposed thereon by the impugned Act is in public interest and in consonance with the moral claims embodied in Article 48 A of the Constitution; and the ban on trade in imported ivory and articles made there from is not violative of Article 14 of the Constitution and does not suffer from the mala fides namely, unreasonableness, unfairness and arbitrariness. In the context of our national dimensions of human rights, right to life, liberty, pollution, free air and water is guaranteed by the Constitution under Articles 21, 48A and 51 (g), it is the duty of the State to take effective steps to protect the guaranteed constitutional rights. ee. Because, "Democratic and aristocratic States are not in their own nature free. Political liberty is to be found only in moderate governments; and even in these it is not always found. It is there only when there is no abuse of power. But constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as far as it will go. Is it not strange, though true, to say that virtue itself has need of limits?. In every government there are three sorts of powers : the legislative the executive in respect of things dependent on the law of nations and the executive in regard to matters that depend on the civil law..No right is absolute in a welfare state. Man is a social animal . He cannot live without the cooperation of large number of person. Thus when there is a clash between two

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fundamental rights, the right which would advance the public morality or the public interest would alone be enforced through the process of Court. Moral consideration can be kept at bay. Judges are not excepted to sit at mute structures of clay in the hall known as Court Room, but have to be sense that they must keep their finger firmly upon the pulse of the accepted morality of the day. Because, "The functions of Government under our system are apportioned. The legislative department has been committed the duty of making laws; to the executive the duty of executing them : and to the judiciary, the duty of interpreting and applying them in cases properly brought before the Courts. The general rule is that neither department may invade the province of the other, and neither may control, direct, or restrain the action of the others." It is also well to remember that freedom depends upon the separation of three organs of the State.,, Each must function within its own domain and remain distinct. Because, the Judicial review of the administrative action or inaction where there is an obligation for action should be with caution and not in haste. Its sense of priority it has determined, there may have been certain lethargy and inaction. It has been said by Adam Smith in his 'Wealth of Nation' that whenever you see poverty widespread rest assured that either of the two causes must have operated, either energy has not been applied or energy has been misapplied. That the judicial system is based on the cooperation of the administration. It is well settled preposition of jurisprudence that every right has a corresponding duty upon the enforcing agencies regulated by the sovereignty of the State Government. Thus the enforcement of the provisions of the law and statutory provision is not only the responsibility of the Honble Courts meant for the enforcement of constitutional right but it is an elementary duty of the official assigned with the responsibility makes the enforcement of the Public order. There is a comedy of error in our celebrated principles that those person who are made accountable for the enforcement of law, are themselves violative the public order for extraneous consideration. Certainly judicial institutions must reflect the traditions, ideals and assumptions, and in the end must respond to the needs, claims and expectations of the social order in which they operate. They must not and ultimately cannot, move too far ahead or lag too far behind. The problem for the Supreme Court is one of finding of the proper degree of responsiveness and leadership or perhaps better, of shortterm and long-term responsiveness. Yet, in seeking out this position the Court should not under-estimate the authority and prestige it has achieved over the years. Representing the conscience of the community" it has come to possess a very real power to keep alive and vital the higher values and goals towards which our society imperfectly strives Given its prestige, it would appear that the power of the Court to protect freedom of expression is unlikely to be substantially curtailed unless the whole structure of our democratic institutions is threatened". Because, the Court of law has not become the mute spectator of the melody prevalent in the society in absence of fixing accountability of such officer who are guilty of violating the law. There is no fear in the mind of the public. The invasion of law is common phenomenon. The people have given up there basic instinct for the enforcement of social obligation and rather they have now dragged in the process of participating with such person who are the offender and invaders to the society at large. Thus the entire society has now become an association of dreaded criminals. There is no frustration in the mind of the public at large even to go behind the bar of jail if the same is having the attractive venture for the purposes of getting the predomination in the society. Because, the Constitution enshrines and guarantees the rule of law and the power of the High Courts under Art. 226 (which is equally construe as per the power of Art. 32) is designed to ensure that each and every authority in the State, including the Government acts bona fide and within the limits of its powers and that when a Court is satisfied that there is an abuse or misuse of power and its jurisdiction is invoked, it is incumbent on the Court to afford justice to the individual. The Court further observed that in such an event the fact that the authority concerned denies the charge of mala fide, or asserts the absence of oblique motives or of its having taken into consideration improper or irrelevant matter, does not preclude the Court from inquiring into the truth of the allegations made against the authority and affording appropriate relief to the party aggrieved by such illegality or of use of power in the event of the allegations being made out. Because, there is a growing body of authority, attributable in large part to the efforts of Lord Denning, to the effect that in some circumstances when public bodies and officers, in their dealings with a citizen, take it upon themselves to assume authority on a matter concerning him, the citizen is entitled to rely on their having the authority that they have asserted if he cannot reasonably be expected to know the limits of that authority; and he should not be required to suffer for his reliance if they lack the necessary authority." That the police force which was once being considered to be the protector of the public at large has now starting acting in a manner as it has now meant for ruining the society. There is a fear in the mind of the public even to pass through the police station as they have their genuine apprehension that they may be booked in some false cases. This is the reason why the people has now taken the resort to approach the Honble Court even for the enforcement for the such rights having the sanctity of law. This representation is given in anticipation that the higher authority under the benevolent jurisdiction may rise to the occasion as the applicant may not be enforced to seek the protection against the redress of their grievance for the enforcement of law of prevention of cruelty of animal through the court of law. PRAYER It is therefore MOST RESPECTFULLY PRAYED that this Honble Court may graciously be pleased i. Issue a writ, order or direction in the nature of mandamus declaring the provision of Prevention of the Food and Adulteration Act, 1954 on account of permitting the use of

Recombined Milk, Toned Milk, Skimmed Milk, Condensed Milk ,Milk Powder, Skimmed Milk powder, Infant Milk food to its citizen, as defined in A.11.01.02 to A. 11.02.18 in Appendix B under rule 5 Prevention of the Food and Adulteration Rules, 1955, in context of the definition of the Milk under A.11.01.01 and the provisions of Rule 44 of Prevention of the Food and Adulteration Rules, 1955 as ultra virus to the article 14, 19, 21, 38, 39, and 41 as well as article 51-A of the petitioners farmers rights in our constitution and is there obsolete, redundant and non existent to the implications on account of the whole sale and production of the skimmed, condensed milk powder within the definition of the adulterated milk for the consumption of the citizens. ii. Issue a writ, order or direction in the nature of mandamus the adequate guide lines to the respondents for dealing with the menace of the synthetic milk and discourage the use of skimmed milk powder for the production of the milk products. There must be the check and balance upon the indiscriminate use of the skimmed powder milk as it may be disproportionate to the consumption and thereby providing a complete abrogation and subjugation to the production of the natural milk in the market otherwise the same may be classified as irrational classification which is prohibited under Article 14, 19 and 21 of the Constitution of India. The same is prohibited under the directive principles of the State Policy and as such this Honble Court may tear the veil behind such discrimination between the poor farmer and a multinational company. iii. Issue a writ, order or direction in the nature of mandamus declare the provision Permitting the sale of skimmed milk powder and the condense milk as violative of the provision of natural milk in The Prevention of Adulteration Act,1954 as unconstitutional and ultra virus to the constitution of India as the said provisions are redundant, obsolete and based on irrational classification on account of the fact that now the industry of the milk product have been commercialized by the use of schemed and condensed milk sold to the public by the multi national companies and thereby resulting in to demoralization to the people indulged into business of the animal husbandry iv Issue a writ, order or direction in the nature of mandamus direction as to prevent the violation of the provisions of The Prevention of Cruelty Act, 1960, Wild Life Protection Act, 1972, The Environmental (Protection) Act, 1986, Water (Prevention And Control of Pollution) Act, 1974 and Municipal Law meant for the protection of the society from obnoxious biodegradable substance like Caracas and Sewerage problem due to ruthless killing of the animals by the butchers in discriminatory resulting in contravention to the provisions of sections 428 and 429 of Indian Penal Code or to issue any other suitable order or direction which this Honble Court may deem fit and proper in the circumstances of the case. v. To award the cost of writ petition in favour of the petitioner.

Dated/-14th November, 2009

(YOGESH KUMAR SAXENA) ADVOCATE COUNSEL FOR THE PETITIONER. Chamber No 139, High Court, Allahabad

IN THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD Annexure No. CIVIL MISC. WRIT PETITION NO. OF 2009

DISTRICT: BAREILLY Khoya Paneer Cream-Milk Vikreta Welfare Society (Registered Society bearing No.633)through its Secretary Sri Santosh kumar Gupta Kutub khan Khoya Mandi Bareilly ..Petitioner Versus Union of India, through Secretary, Food and Civil Supply, Government Of India, New Delhi others ..Respondents and