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2004 Supreme(SC) 947

S.B.SINHA, A.K.MATHUR, N.S.HEGDE
State Of Haryana – Appellant
Versus
Daya Nand – Respondent


JUDGMENT

Santosh Hegde, J.-Heard learned counsel for the parties.

Leave granted.

2. This appeal has been filed against the order of Punjab and Haryana High Court at Chandigarh dated 22nd of January, 2003, whereby the High Court set aside the judgments of the two courts below in a revision petition filed by the respondent herein.

3. Brief facts necessary for the disposal of this appeal are as follows:

On 6th of July, 1988 when respondent was carrying 20 liters of cow s milk in a bicycle he was intercepted by the Deputy Chief Medical Officer, Narnaul and a sample of 750 ml. of milk was collected from the container in which the respondent was carrying the milk and the same was sent to Public Analyst who in his report found the sample to be deficient in milk solid to the extent of 5% of the prescribed minimum standard. He also found solid fat as required under the law deficient.

4. On receipt of the said report, a copy of the same was sent to the respondent by registered post but the same was returned by the postal endorsement "refused to accept". On the basis of the investigation made on 25th of August, 1988 a complaint under section 16(i)(a)(i) of the Prevention of Food Adulteration Act w


















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