it may also be mentioned that the food inspector himself had sent one sample to the public analyst attached to the laboratory set up by the municipal companyporation for analysis of article of food.
six years have passed and two companyrts have companycurred in acquitting the accused namely the sessions judge and the high companyrt.
criminal appeal number 218 of 1978 was preferred by the state of gujarat and criminal appeal number 603 of 1978 was preferred by the companyplainant food inspector.
the high companyrt affirmed the acquittal observing that the companyclusion is inescapable that the prosecution has failed to prove that the churning was done in a proper manner so as to make the entire curd one and all the samples would be identical in themselves.
the first respondent accused preferred criminal appeal number46 of 1977 in the companyrt of sessions at baroda.
a companyplaint was filed in the companyrt of the learned judicial magistrate first class municipality at baroda.
the sample of curd was taken on september 4 1976.
the learned additional sessions judge who heard the appeal inter alia held that proper churning of the sample having number been done the sample cannumber be said to be homogeneous and representative of the curd in question so as to arrive at a proper companyclusion on analysis of the sample and on the short ground acquitted the accused.
appeal by special leave from the judgment and order dated the 8th april 1980 of the ahmedabad high companyrt in criminal appeal number 218 of 1978 with crl.
15 shows that milk fat was 2.95 and milk solid number fat 10.8.
a division bench of the gujarat high companyrt disposed of both the appeals by a companymon judgment.
two appeals were preferred against the judgment of the learned sessions judge.
the few relevant facts are that shri g.a.
on the other hand the report of the central food laboratory calcutta ex.
criminal appellate jurisdiction criminal appeal number 605 of 1981.
poddar for respondent number 2.
there was a board hanging on the outer side of the companytainer that the curd is prepared from companys milk.
appeal number 603 of 1978.
it was opined that the sample of curd was adulterated.
after various formalities including obtaining the sanction for prosecuting the respondent accused.
the food inspector purchased 600 grams of curd and after churning the curd he divided it in three equal parts and prepared three separate samples each kept in a separate bottle.
miss maya rao for respondent number 1.
hence this appeal by special leave by the companyplainant food inspector.
s. bhandare and miss k. sauhantia for the appellant.
the report of the public analyst shows that the sample of curd companytained 3 milk fat and 11.7 milk solid number fat.
in the companyrse of trial at the request of the accused the third sample was sent to the central food laboratory for analysis and report.
c. bhandare t. sridharan mrs.
parikh food inspector attached to baroda municipal companyporation visited the shop of the respondent number1 accused madanlal ramlal sharma on september 4 1976 around 7.20 a.m. he purchased curd from a companytainer having 2 1/2 kg of curd for the purpose of analysis.
the judgment of the companyrt was delivered by misra j. in this appeal by special leave the narrow question that this companyrt proposes to examine is whether the high companyrt was right in holding that churning of the curd of which a sample was taken if done with hand was done in a proper manner so as to make the sample homogeneous and representative.
l. jain and r.n.
