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The appellant herein is the first accused in C.C.No.9 of 2006 on the file of the V Additional Special Court, Chennai.

2. The criminal law was set in motion based on the written complaint given by Thiru.R.Jeyendra Xavier, District Inspection Team Officer at Chennai on 08.02.2003 to Mr.D.Mohan the Deputy Superintendent of Police, Vigilance and Anti-Corruption. According to the complaint, on 24.01.2003 during the inspection conducted at Government Stanley Medical College Hospital Kitchen, the joint inspection team found adulteration in milk. The appellant, who was the Medial Social Worker at Government Stanley Hospital, in connivance with the driver of the Aavin Milk tanker lorry bearing No.TN-22/W-8911 had adulterated the milk with water and it was found in the surprised check that about 60% and 35% water had been mixed in the two samples drawn from the milk kept in the hospital kitchen. Based on the complaint dated 08.02.2003, the First Information Report has been registered by Mr.R.Mohan, Deputy Superintendent of Police Mr.R.Valasarajan, Deputy Superintendent of Police took up the investigation from Mr.R.Mohan recorded statements of witnesses got report from King Institute Food Analyst. Later, as per instruction of Superintendent of Police, handed over the investigation to Mr.V.Sudhakar for further action.

12. It was submitted by the learned Additional Public Prosecutor that though PW-5 has turned hostile and did not support the case of the prosecution that he added four buckets of water to the milk as instructed by A1, the laboratory test report marked as Ex.P9 amply proves that the samples collected from the Government Stanley Hospital kitchen were diluted and does not satisfy the required standards. The analysis report clearly shows that while the sample collected from the Aavin tanker lorry bearing No.TN-22/W8911, contains 5% of fat and 8.1% of milk solid not fat, the samples collected from the containers kept in the hospital kitchen found to be deficient in total milk solid content due to adulteration. The approximate percentage of water added in these two samples were found to be 60% and 30% respectively. The first accused who was in-charge the milk supplied by Aavin on that day is responsible and answerable for the dilution of the milk supplied from the Aavin tanker lorry. Having failed to explain the dilution, the trial Court has rightly found her guilty as well as the deceased second accused lorry driver for conspiracy and for misappropriating the milk by falsifying the account, adding water to the milk and diverting the excess milk to the third parties unauthorisedly.

13. Points for consideration Whether the judgment of the trial Court bristles with infirmity against the weight of evidence and probability of the case.

14. The case of the prosecution is that, this appellant [Tmt.Maria Adaikalam Roselin], Medical Social Worker at Stanley Government Medical Hospital conspired with Thiru V.Bothi [deceased], Driver and Sales Representative of Aavin Milk had conspired to commit breach of trust and in pursuant to the conspiracy instead of 485 litres of milk to be supplied for the hospital on 24.01.2003, the appellant only received 330 litres of milk and to compensate the shortage, added water with the help of Chinniya [PW.5] and received Rs.1050/- from V.Bothi [A2] (Rs.7/- per litres of milk) for 153 litres of milk which was undelivered. As far as, the case of the prosecution is that after short supply of 153 litres of milk paying Rs.1050/- to A1, the A2 [V.Bothi] sold it to third parties at the rate of Rs.14/- per litre. On such third party by name K.Nazar, owner of the Brothers' Tea Centre purchased 30 litres of milk from V.Bothi [A2] at the rate of Rs.14/- per litre and paid him Rs.420/-. The joint inspection team, inspected the kitchen of Stanley Medical Hospital found the milk supplied by Aavin has been adulterated with water. As a follow upon action, the team caught A2 [V.Bothi] red handed when he delivered 30 litres of milk to A4 and received Rs.420/-. The joint surprise check was conducted by R.Mohan [PW.9], Deputy Superintendent of Police, Vigilance and Anti Corruption, Tr.R.Jeyendra Xavier, District Inspection Cell Officer [PW.8], along with Dr.Mohanambal, Resident Medical Officer, Tr.M.E.M.Jayaraman and Tr.G.Ravichandran, Inspector of Police, Vigilance and Anti Corruption, Chennai. The joint inspection by District Inspection Cell and the Vigilance and Anti Corruption team was conducted on 24.01.2003. The samples were drawn with the help of officials of Milk Producers Federation and M.O.1 and M.O.2 were recovered on the same day. However the first information report has been given by one of the member of the inspection team [PW.8] to the another member of inspection team R.Mohan [PW.9] only on 08.02.2003. Though PW.8 [R.Jeyendran Xavier] the informant and PW.9 [Mohan] person who registered the information were party to the search team, the complaint Ex.P.8 along with inspection report [Ex.P.10] had come to light after two weeks of the inspection report F.I.R has been registered only on 08.02.2003. No reason for the delay in filing the inspection report is found in the prosecution records. In any case, there is no necessity for two weeks delay in lodging the complaint.

Analysis Done Sample No.1 Aavin Milk collected from Vessel No.I Sample No.2 Aavin Milk collected from Vessel No.II Milk Fat 2.0% 3.1% Milk Solids-not-fat 3.4% 8.1%

(i). The Milk fat content and Milk Solids-not-fat content for Sample No.1 and 2 are mentioned above.

(ii). Samples Nos.1 and 2 are found to be deficient in Total Milk Solids content due to added water. The approximate percentage of added water in Sample No.1 and the Sample No.2 are found to be 60% and 35% respectively, calculated from the total solids content of Sample No.3.