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1991 (9) TMI 161 - SUPREME COURTWhether the samples taken from 3 out of 80 bags of Khandsari could be treated as representative samples? Held that:- The admitted facts of the case are that at the time of seizure of the goods Shri Ram Niwas was present and the samples were taken in his presence. Two samples each were taken separately from three different varieties of Khandsari at the instance of Shri Ram Niwas himself. It was proved by the public analyst that all the three samples contained Sucrose more than 90%. It was nowhere disputed nor suggested by Shri Ram Niwas at the time of taking samples or thereafter that the samples taken would not represent the correct quantity of Sucrose in those bags of Khandsari from which samples were not taken. If the Collector was satisfied that 80 quintals of sugar were found in the premises without licence, it cannot be said that the order of confiscation passed by the Collector was arbitrary or based on no material. Appeal dismissed.
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