Surinder Singh, J. - (1.) The sample of milk purchased from the respondent was found to be sub-standard qua Milk solids not fats. The trial Magistrate acquitted the respondent on the authority of Hans Raj Vs. The State of Punjab 1980(11) FAC 396. This view has subsequently been over-ruled in (Gopal Datt Vs. State of Haryana 1983 (I) FAC 1 , decided by a Division Bench of this Court on 27-7-1982.
(2.) The learned defence counsel, however, submitted that the copy of the report of the Food Analyst was not sent to the respondent and the complaint was filed after a delay of seven months. These circumstances indicate that the respondent was deprived of the opportunity of having the sample given to him analysed by the Central Food Laboratory. We are therefore not inclined to interfere. Leave is therefore declined. Petition dismissed.;