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2000 Supreme(P&H) 194

A.S.GARG
Ashok Kumar – Appellant
Versus
State Of Haryana – Respondent


Judgment

A.S.Garg, J.

1. On 11.10.1986 at about 8 A.M., Ashok Kumar petitioner, a milk vender, was allegedly intercepted by Government Food Inspector Kali Ram, PW.1 in the presence of Dr. S.P. Aggarwal, PW.2 and Rajinder Kumar, who himself was also a tea vendor, and was found in possession of about 60 Kgs. of cows milk contained in two drums meant for sale. After disclosing his identity and serving notice Ex.PA on the prescribed form, the Food Inspector purchased 660 mls. of cows milk for a sum of Rs. 1.80 paise vide receipt Ex.PB. The sample milk was divided into three equal parts and two drops of 40 per cent formalin were added as preservative in each bottle. The bottles were stoppered tightly and sealed with the seal of the Medical Officer. The bottles were labelled and wrapped in a strong thick paper. One sealed bottle along with a memorandum in Form VII was sent to the Public Analyst Haryana, Chandigarh for analysis in a sealed packet. The other two sealed bottles of sample along with copies of memorandum in form VII were deposited with the Local Health Authority, Jind. Ex.PD is the report of the Public Analyst, who declared the sample as adultered he milk solids not fat was 8



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