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1970 Supreme(Raj) 191

MEHTA
Kayum Ali – Appellant
Versus
Kana – Respondent


Advocates Appeared:
M.L. Shrimal and N.N. Mathur, for Appellant

MEHTA, J.—The material facts of this case, as alleged by the complainant, are that in the morning of Jan. 15, 1965 P. W. 1 Kayum Ali, Food Inspector, Udaipur, gave a notice, through Form No.VI, (Ex.P.1) to the milkman Kana to the effect that he would buy some milk from him for the purpose of analysis, to be conducted by the Central Pub. Health Laby. Raj., Jaipur Soon after the Food Inspector bought from him 660 mililitres of milk for 37 np. and obtained the signature of the accused below the said Form. This the Food Inspector did when he saw the accused Kana taking two drums containing 18 Kilogramme of milk The sample so obtained was divided into 3 parts, each of which was held in a phial. All the phials were duly sealed in presence of two witnesses, Bhanwar Singh, P. W. 2, and Jamnadas, P.W. 3. One of the sample phials was given to the accused. The other was sent to the Public Analyst, Rajasthan, Jaipur, and the third one was kept by the Inspector himself. The sample which was sent for qualitative analysis to the Public Analyst, Jaipur, was accompanied by the prescribed Memorandum in Form No. VII. It was also mentioned in the memorandum that a specimen impression of the seal used



























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