Chetumal vs State Of Madhya Pradesh And Anr. on 24 April, 1981
In the decision in Chetumal's case 1981 Cri LJ 1009 (SC) (supra) in the certificate of the Director it was stated that the article of food was adulterated but his report also disclosed that there was tampering of seals. In the aforesaid circumstances, there the Supreme Court held that the certificate superseded the report of the Public Analyst and the certificate itself could not be used due to tampering of seals and, therefore, was no evidence left with the court on which conviction could be sustained. It was held that the appellant was deprived of the opportunity to which he was entitled for no fault of his. The decision cannot therefore be relied upon as an authority for the proposition that the remaining or the third sample cannot be sent to the Director.