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1981 Supreme(SC) 285

A.P.SEN, BAHARUL ISLAM, O.CHHINNAPPA REDDY
Chetumal – Appellant
Versus
State Of M. P. – Respondent


Judgment

CHHINNAPPA REDDY, J.:- Part of the sample of groundnut oil purchased by the Food Inspector from the appellant was found to be adulterated by the Public Analyst. According to the report of the Public Analyst the Butyro-refractometer reading at 400C was 57.5 instead of the prescribed standard, "54.0 to 57.1." The appellant challenged the opinion of the Analyst and requested the Court to send the part of the sample kept with the local authority to the Director. Central Food Laboratory for analysis. The certificate of the Director, Central Food Laboratory was that the article of food was adulterated as Bellier test (turbidity temperature - acetic acid method) revealed 37.900C whereas the standard was 390C to 410C. Butyro-refractometer reading at 400C, however, was 56.00C, which was within the prescribed limits. In the Trial Court, an objection was taken that the certificate of the Director, Central Food Laboratory should be excluded from consideration as the Director had reported that the impression seal sent to him did not tally with the seal of the container in which the sample of oil was sent to him. The trial Court sustained the objection and held that the report of the Dir



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