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1990 Supreme(Ori) 53

ARIJIT PASAYAT
BIDYADHAR JENA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.SWAIN, B.DAS, B.K.NAYAK, P.K.MISHRA

PASAYAT, J.

( 1 ) IN this revision application the judgment of conviction and order of sentence passed by the learned Sub-divisional Judicial Magistrate, Sundargarh and confirmed in appeal by the Learned Sessions Judge, Sundargarh, are assailed.

( 2 ) IN short, the prosecution case is that, on 7-6-1986 the petitioner was transacting sale of adulterated cow milk; the Food Inspector, Sundargarh purchased 0. 660 mls. of cow milk on payment of requisite price and after dividing the purchased milk into three equal divisions added 18 drops of 40% formalin to each of the divisions; packed them in clean, dry, empty and neutral glass bottles separately; the mouth of the glass bottles were fitted tight with corks, sealed and after affixing the label copies, as required under law, they were wrapped with papers and fastened with threads properly and both the ends of the papers were folded and affixed with gum; the paper slips bearing serial number, code number and the signature of the local Health Authority on the above sample bottles were wrapped and the signature of the petitioner was taken on a part of the paper slips and a part of the paper wrapper : the three sample bottles were sealed






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