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1989 Supreme(P&H) 310

UJAGAR SINGH
Ram Sarup – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. Food Inspector Nek Chand Goyal intercepted Ram Sarup, revision-petitioner on 20-7-1983 at 8-40 a.m., near Bus Stand, Dhuri. He found him to be in possession of 10 kg. of mixed milk, contained in a drum. Out of the same, a sample of 660 ml. was purchased for an amount of Rs. 1/80 paise. Documents Exs. PA, PB and PC were prepared at the spot. Sample was divided into 3 parts, pouring the parts in 3 separate dried and clean bottles. After doing the needful, one sample was sent to Public Analyst and the other two were deposited with the Local (Health) Authority. Report of the Public Analyst is Ex. PD, according to which, milk fat was 5.4% and milk solids not-fat were 7.4%. Thus, milk-solids not-fat were defficient by 13.0 per cent of the minimum prescribed standards. Ex. PF is the notice sent to the petitioner by registered acknowledgment due post. Ex. PF/1 is the acknowledgment due receipt, showing receipt of notice. Ex. PF/2 is the postal receipt for sending registered acknowledgment due letter. Ex. PG is the affidavit of Kidar Nath, Peon. According to the same, he took a sample given by Food Inspector Nek Chand Goyal, along with Form No. VII duly sealed and separate packet
















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