NANDA KISHORE DIXIT Vs. CHIEF JUDICIAL MAGISTRATE SITAPUR

JUDGEMENT

(1.) This is a petition under Section 482, Cr. P.C. against the order dated 28-1-1994 passed by the Chief Judicial Magistrate, Sitapur whereby, he has been pleased to reject the application of the petitioner-accused for sending the second sample for analysis to the public analyst.

(2.) A criminal case under Section 716 Prevention of Food Adulteration Act is pending against the petitioner in the court of Chief Judicial Magistrate, Sitapur. The petitioner moved an application under Section 13(2) of the Prevention of Food Adulteration Act for sending the second sample of mustard oil to the Director Central Food Laboratory Calcutta for analysis on expenses of the petitioner but the Chief Judicial Magistrate Sitapur has rejected the application on the ground that this application was not made within ten days of the receipt of the copy of the report of the analyst in respect of the first sample and as such, the application was barred by limitation. The petitioner felt aggrieved against this order of refusal and has preferred this petition.

(3.) I have heard Sri S. C. Jaiswal, the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State Mr. A. Mateen and perused the record' and the impunged order dated 28-1-1994 passed by the Chief Judicial Magistrate, Sitapur.