P.JYOTHIMANI
Hatsun Agro Product Ltd. – Appellant
Versus
The State of Tamil Nadu rep. By Secretary to Government Animal Husbandry & Dairy Development & Others – Respondent
The proceedings under challenge in this writ petition has been issued by the Public Health Officer, Cheyyar, who, on direction from the Director of Health and Preventive Medicine, Chennai, after inspection made on 22.07.2008 in the chilling as well as manufacturing unit relating to milk allied products belonging to the petitioner along with the Deputy Director of Health, Department of Public Health and Preventive Medicine, Cheyyar, the third respondent and the Food Inspector, the fourth respondent, having found that in the manufacture of milk powder, edible lactose (expired) along with Hatsun skimmed milk powder was mixed and repacked in the form of a new milk powder has taken the following samples, viz.,
"1. MAISTINsP16 No.Cukrus Edible Lactose – 25 Kg Date of Production: 22 Feb 2006 Production No:21 - 1 Bag
2. Hatsun Skimmed Milk PowderNet Wt – 25 kg. Batch No.P2-176
D.M.7. 08 Best Before 18 months from the date of manufacture - 1 Bag
3. Hatsun Skimmed Milk PowderNet Wt – 25 Kg, Batch No.VAN002 Production date – 12.07.2008 Date of expiry – No entry Hatsun Agro Products Ltd.,
5A, Vijayaragahava Road,
T.Nagar, Chennai 600 017. - 1 Bag
4. ADM Cococa BU, Lot Type D-K-4,85,4
6. Birbal vs. State of Haryana 2002 (1) JT 289
7. Mahendrakumar G.Patel vs. State of Gujarat AIR 2003 SC 4058
8. National Institute of Technology vs. Niraj Kumar Singh 2007 (2) SCC 481
9. Karnataka State Financial Corporation vs. N.Narasimahaiah 2008 (5) SCC 176
1. Municipal Corporation of Delhi v. Shivsankar AIR 1971 SC 815
5. Laskari Ram vs. State of Himachal Pradesh 2000 (9) SCC 256
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