NARATA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) A sample of cow milk was taken by the Government Food Inspector on 24.3.1984 at 9.30 A.M. from the petitioner near Jauri Khamba Chowk, Ambala City, in the presence of Dr. S.K. Ghambir and Madan Lal and others according to rules after serving a due notice upon the petitioner- vendor and after due payment of price of sample milk. The preservative was added to the sample milk which was divided into three sample bottles. One sample bottle was sent to the Public Analyst and two sample bottles were deposited with the local Health Authority Ambala. The Public Analyst reported that the sample contained milk fat 4.7% and milk solids not fat 7.0% and thus the milk solids not fact is 18% deficient of the minimum prescribed standards.

(2.) WHEN the case was being tried before the learned trial Magistrate as warrant case the learned Magistrate suddenly switched on to summary proceedings and wanted to try the same as a summons case. Earlier charge framed was converted into a fresh notice which was not warranted by law. The learned counsel relied upon the authority of this Court in Crl.M. No. 7587-M of 1988 decided on 16.2.1988 wherein it was held as under :-