MUNNALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application under S. 482 of the Code of Criminal Procedure, whereby the applicant requires this Court to quash the order dated 31-3-2000 passed by IIIrd Additional Sessions Judge, Jabalpur in Criminal Revision No. 60/2000 confirming the order of Judicial Magistrate First Class, Jabalpur passed in Criminal Case No. 1366/99 on 2-2-2000.

(2.) The applicant is a milk vendor. A milk sample was seized from him on 30-9-1983. The milk sample was divided in three parts by the Food Inspector. One sample was sent to the public analyst who found that the milk was adulterated. Consequently, two samples of milk were produced before the J.M.F.C. on 16-2-1984 along with the report of the Food Inspector. On 1-3-1984, at the instance of the accused/applicant, one sample was sent to the Director of the Central Food Laboratory, Pune who reported as per Annexure A-2 that the sample could not be analysed as it appears to have decomposed. Thereafter, the third sample, which was being kept in the food office, was directed to be sent by the Magistrate for further analysis to another Director of the Central Food Laboratory, Ghaziabad. The report of the Director of the Central Food Laboratory, Ghaziabad dated 11-3-1987, as per annexure A-3, was that the sample of milk was adulterated. The applicant raised an objection to the admissibility of the third report dated 11-3-1987, Annexure A-3, of the Director of the Central Food Laboratory, Ghaziabad.

(3.) The trial Court as well as the revisional Court rejected the objection of the applicant and held that the report dated 11-3-1987 on the third sample of milk would be admissible in evidence and could be used by the prosecution.