UDAI SINGH Vs. STATE

JUDGEMENT

(1.) THE question that has been referred to us for decision is :-

(2.) IN the case of Nagar Swasthya Adhikari, Nagar Mahapalika v. Mongolia (supra) it was observed 2

(3.) THUS it would now not be proper to draw any presumption in favour | of the accused regarding the sample of milk being unfit for analysis if the prosecution is launched more than ten months after it has been taken as it cannot be rebutted by the prosecution (complainant). If the accused makes an application under Section 13 (2) of the Act to get the sample of milk analysed by the Director Central Food Laboratory but due to the delay in the launching of the prosecution the Director Central Food Laboratory in his report mentions that the sample of milk was not fit for analysis then the right of the accused under Section 13 (2) of the Act to get the sample of milk analysed by the Director Central Food Laboratory is lost and his conviction under Section 7/16 of the Act cannot be sustained but if he does not apply for the analysis of the sample of milk by the Director Central Food Laboratory under Section 13 (2) of the Act he cannot now complain regarding the loss of this right even if the prosecution is launched after more than ten months of the taking of the sample of milk.