Judgment

MISRA, J. :- In this appeal by special leave the narrow question that this Court proposes to examine is whether the High Court was right in holding that churning of the curd of which a sample was taken, if done with hand, was done in a proper manner so as to make the sample homogeneous and representative.

2. The few relevant facts are that Shri G. A. Parikh, Food Inspector attached to Baroda Municipal Corporation visited the shop of the respondent No. 1 accused Madanlal Ramlal Sharma on Sept. 4, 1976 around 7.20 a. m. He purchased curd from a container having 2 1/2 Kg. of curd for the purpose of analysis. There was a board hanging on the outer side of the container that the curd is prepared from cows milk. The Food Inspector purchased 600 grams of curd and after churning the curd, he divided it in three equal parts and prepared three separate samples, each kept in a separate bottle. After various formalities including obtaining the sanction for prosecuting the respondent-accused, a complaint was filed in the Court of the learned Judicial Magistrate, First Class (Municipality) at Baroda. In the course of trial at the request of the accused the third sample was sent to the Ce