TILAK RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY virtue of the present petition Tilak Raj petitioner seeks setting aside of the order passed by the learned Additional Sessions Judge, Karnal and for quashing the proceedings against the petitioner.

(2.) THE relevant facts are that on 28.12.1987 the Government Food Inspector intercepted the petitioner at Neelokheri. Dr. Balbir Singh was also present. The petitioner was having two drums of cow milk for public sale. The Food Inspector purchased the milk from the petitioner after stiring it. Rs. 2.50 were paid for 660 grams of milk. It was divided into three parts and bottled in 3 dry, clean and empty bottles. Two drops of 40% formalise per 25 mls. were added as preservative in each bottle. The bottles were stoppered tightly and sealed. They were labelled and wrapped with a strong thick paper. A paper slip bearing Code No. 1, serial number and signatures of the Local Health Authority were pasted on each bottle. It was secured by means of strong twine and sealed with the seal of Medical Officer and that of the Food Inspector. The signatures of the accused were obtained. One sealed bottle was sent to the Public Analyst, Haryana, Chandigarh for analysis. The other two bottles were deposited with the Local Heath Authority. The report of the Public Analyst was received. It was found that the fat contents were 15% deficient. On these broad facts, the complaint was filed against the petitioner.

(3.) BY virtue of the present petition, the learned counsel for the petitioner assails the findings and contends that after 10 years de novo trial of the petitioner will be improper. He pressed into service Article 21 of the Constitution of India.