quashed. In both the said
judgments, the issue was regarding milk sample and therefore, it is
submitted that if there is no evidence that ... milk was stirred
before sample was taken, the petitioner is entitled to be acquitted.
It is therefore submitted, referring the observation that before
sample
Public Analyst reveals
that there is a marginal defect in the sample
of milk so the accused cannot be convicted
rather he ought to have ... samples of the
milk taken from the respondents contained
6.6 per cent of milk fat and 7.5 per cent
of milk solids
milk showing that the milk
was of buffalo, rather he ought to have
appreciated that the accused himself have
stated that the milk ... samples of the
milk taken from the respondents contained
6.6 per cent of milk fat and 7.5 per cent
of milk solids
evidence establishing the cleaning of the bottle in which the
milk samples were taken, on the spot was tendered. The discrepancies
in the evidence ... helper
to an effect that while the former deposed securing the milk samples
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HC-NIC Page 1 of 3 Created
when the
respondent was carrying milk on his cycle for the purpose of sale to
the customers, sample has been drawn by the Food Inspector ... 2004 JUDGMENT
when it was clear that the sample of milk does not conform to the
quality of standards prescribed under the Act. He also
sample to the
Public Analyst for the analysis report. The public analyst
said in this report that the sample of "Sangam Gold
Pasteurized Milk ... three pouches, from
which the complainant has taken the sample of milk, one
pouch was sent to LHA, second pouch was sent to public
Page
milk' and standard
applied by the Court are of 'skimmed milk'. No
standards according to him are prescribed for
'separated milk ... Garbad"
method which is held to be imperfect for the
sample of milk.
As could be noticed that the person is aged
about
original complainant received
information that the respondent No.1 is selling mango milk
shake at his dairy farm and same is not upto the mark ... complaint and
therefore, the complainant - Food Inspector, took the sample
of Mango Milk Shake for the purpose of analysis. The
panchnama was also prepared. Thereafter
make a sample homogeneous and representative
sample. We are conscious of the fact that in milk
and milk preparations including curd, it is
distinctly possible ... case may be, becomes
necessary for the ingredients of milk solid non
fat and milk solid fat getting a uniform
consistency in order to determine
containing
'Aamras' (milk soluble) were stacked up.
After duly intimating the accused No.2,
for sending the samples of the above
product
