What were the two core questions in this case?

(1) Is butter made from curd still “butter” under the Rules? (2) Is selling below-standard butter adulteration even without adding foreign matter?

What did the Supreme Court decide about butter from curd?

Butter churned from curd is legally butter. It is still prepared from milk, just by a different process.

Does below-standard butter amount to adulteration?

Yes. The Act treats sales below the prescribed standard as adulteration. It is a strict rule for public health.

What happened to the conviction and sentence?

Conviction was upheld. The Court replaced two months’ imprisonment and ₹250 fine with a fine of ₹500.

Why is this case important for exams?

It clarifies that food standards are strict and definitions are read broadly to protect consumers.

M.V. Joshi v. M.U. Shimpi

Is butter from curd still “butter”? Does selling below-standard butter count as adulteration under the Prevention of Food Adulteration law?

Supreme Court of India 1961 SC Bench AIR 1961 SC 1494 Food Safety ~7 min read

Author: Gulzar Hashmi | India | Published: November 1, 2025

Prevention of Food Adulteration Butter from Curd Foreign Fat Strict Liability

CASE_TITLE

M.V. Joshi v. M.U. Shimpi (AIR 1961 SC 1494)

PRIMARY_KEYWORDS

Prevention of Food Adulteration Butter from Curd Adulteration Standard

SECONDARY_KEYWORDS

Foreign Fat Strict Liability Public Health

Slug

mv-joshi-v-mu-shimpi

AUTHOR_NAME

Gulzar Hashmi

LOCATION

India

PUBLISH_DATE

November 1, 2025

Quick Summary

Two doubts came up. First, if you make butter from curd, is it still “butter” in law? Second, if the butter is below the set standard, is it adulterated even without mixing outside material? The Supreme Court said: yes, butter from curd is butter; and yes, selling below-standard butter is adulteration. The purpose is to protect public health with strict rules.

Issues

Does butter prepared from curd fall within “butter” under the 1955 Rules?
Does selling butter below the prescribed standard amount to adulteration, even without adding foreign matter?

Rules

Definition breadth: “Butter” covers butter made from milk or cream by any common process; curd-route still traces back to milk.
Standard-based adulteration: If the product fails the statutory standard, it is deemed adulterated—no need to prove actual mixing.
Strict public health policy: Food laws are read broadly to guard consumers and deter quality dilution.

Facts (Timeline)

Shop & product: The appellant ran a shop at Thana and dealt in butter.

Sample taken: A Food Inspector bought “Khandeshi” butter for analysis, giving notice of his purpose.

Report: Public Analyst found about 18.32% foreign fat, 19.57% moisture, and 64.67% milk fat—showing sub-standard quality.

Trial: Complaint filed; the Magistrate acquitted, doubting sample identity and holding curd-butter outside the definition.

Appeal: Bombay High Court reversed the acquittal, accepted the sample chain, and convicted under Sections 7(1) & 16(1).

Arguments

Appellant (Joshi)

The sample tested was not proved to be the same as the one taken.
Butter from curd is not “butter” under Rule A.11.05.
Without proof of adding foreign material, there is no adulteration.

Respondent (State/Food Inspector)

Chain of custody is sound; the tested sample is the seized sample.
“Butter” includes butter derived from milk even via curd; process does not change the legal identity.
Failing the standard equals adulteration; strict rule protects consumers.

Judgment

Held: Conviction upheld. Butter made from curd is “butter” in the plain reading of the rule because it is still prepared from milk. The Analyst’s report showing foreign fat and sub-standard composition proved adulteration. However, the sentence was modified: imprisonment set aside; fine enhanced to ₹500.

Ratio

Definitions in food law are read to achieve safety. The method (milk → curd → butter) does not change the substance. Where the statute fixes standards, selling below that level is adulteration per se, supporting strict consumer protection.

Why It Matters

Broad reading for safety: Courts prefer consumer protection over narrow technicalities.
Standards rule the day: Falling short equals adulteration, even without mixing.
Process-neutral: Legal identity depends on substance, not the route taken.

Key Takeaways

Butter from curd = butter under the Rules.
Below-standard sale = adulteration (strict rule).
Conviction stands; sentence reshaped to fine only.

Mnemonic + 3-Step Hook

Mnemonic: “CURD to CORE = BUTTER”

Trace: Follow the milk core—curd is a step, not a switch.
Test: If below standard, it’s adulteration.
Trust: Food law favors the consumer’s health.

IRAC Outline

Issue	Rule	Application	Conclusion
Is curd-butter “butter”? Is sub-standard sale adulteration?	Rule A.11.05; statutory standards; strict health policy.	Process does not change substance; analyst shows foreign fat and low standard.	Yes and yes; conviction sustained; sentence modified to fine.

Glossary

Adulteration (Per Se): Product fails statutory standard; treated as adulterated without proving mixing.
Foreign Fat: Non-milk fat detected in dairy products by analysis.
Strict Liability: Liability without needing to show intent or negligence, common in food laws.