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12. In A Judgment Titled As Kanshi Nath vs . State, 2005(2) Fac on 28 July, 2010 cites

Kanshi Ram Jagan Nath And Others vs The State on 28 July, 1961

15. The analytic results of two counterparts of same sample by two Analysts are divergent to a great extent. One Analyst found sample commodity containing foreign starch and only due to this reason opined the sample adulterated but in the counterpart of same sample, another Analyst did not find any foreign starch. Further, one Analyst found test for colour 'negative' in the counterpart of the same sample, while another Analyst found added colouring matter 'positive'. PW-2 F.I. Sanjeev Kumar Gupta confirmed in his cross- examination that if the starch is added in the Haldi Powder and the same is analysed by two Analysts, starch should be 'positive' in both the reports. DW-1 Sh. S.N. Mahendroo , who is retired Chief Chemist, Regional Agmark Laboratory, Govt of India, deposed that if the synthetic colour is added in the Haldi Powder and it is analysed by two Analysts, both should find the colour and same is C.C. N0. 139/01 8 his reply in respect of starch. No explanation has come on record on behalf of the complainant in respect of divergent reports in respect of colour and starch by two Analysts for the counterparts of same sample. Thereby relying upon Kanshi Nath versus State (supra), I am of the considered view that the sample was not representative.
Supreme Court of India Cites 10 - Cited by 566 - M Hidayatullah - Full Document
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