AJEET KUMAR RAJPUT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioner and learned Additional government Advocate. Grievance of the petitioner by means of this petition under Section 482, cr. P. C. is that the sample of milk badam drinks was collected from the shop of the petitioner as far back as on 30. 7. 1994 and after analysis of the same the public Analyst vide his report dated 6th September, 1994 had found the same to be adulterated as such a complaint was filed by the respondents which was registered as Case No. 37/2004 under Sections 7/16 of the Prevention of Food adulteration Act, 1954 (referred to hereinafter as Act) in the competent Court and notice was duly served upon the petitioner by the department concerned that the petitioner had a right to get the sample preserved by the department to be re-analyzed by Central Food Laboratory, Kolkata under Section 13 (2) of the Act upon which the petitioner moved an application under Section 13 (2) of the Act vide Annexure 5 on 19. 9. 1995 and submitted that the sample be ot analyzed by Central Food Laboratory, Kolkata and the said application was allowed by I-Additional Chief Judicial Magistrate, Lucknow vide his order dated 25. 9. 1995 and thereafter on 28. 10. 1999 the said sample was forwarded to Central food Laboratory, Kolkata for analysing the same.

(2.) IT is submitted by learned Counsel for the petitioner that since 28. 10. 1999 uptill date no report has been sent from Central Food Laboratory, Kolkata but the proceedings against the petitioner are continuing in the Court concerned and in spite of application having been moved by the petitioner for discharging him under Section 245, Cr. P. C. the same has been rejected by the Court concerned on 17. 2. 2005 vide Annexure 1.

(3.) HENCE this petition.