GOKUL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J.

(2.) REVISIONIST Gokul Singh was con victed by the trial court under Section 7/16 P. F. A. Act and was sentenced to undergo six months rigorous imprisonment and pay a fine of Rs. 1000 and in default of payment of fine to undergo further imprisonment for three months. Criminal Appeal No. 89 of 1985 preferred by him against the judgment and order of the trial court also failed, hence the present revision.

(3.) THE main contention of the learned counsel for the revisionist is that the com plainant was filed on 21-12-1978 whereas compliance of Section 13 (2) was made on 22-1-1979 whereas the copy of the report of public analyst should have been sent to the revisionist immediately after filing of the complaint as envisaged under Rule 9-A of the P. F. A. Rules, 1955. Non-compliance of Rule 9-A has caused prejudice to the revisionist inasmuch as he was deprived of his valuable right of getting the sample tested by Central Food Laboratory. THE revisional court has considered this argu ment and has observed that after receipt of the copy of the report, the appellant (present revisionist) did not apply for send ing the sample for analyst to the Central Food Laboratory. Hence no prejudice was caused to him. I think there is no illegality in the finding of the appellate court. In the case of Tulsi Ram v. State of M. P,. 1985 SCC (Cri.)-4, it was held that the expression "im mediately" in Rule 9-A is intended to convey a sense of continuity rather than urgency. What must be done is to forward the report to the person from whom the sample was taken at the earliest opportunity, so as to facilitate the exercise of the statutory right under Section 13 (2) in good and sufficient time before the prosecution commences leading evidence. Non-compliance with Rule 9-A is not fatal. It is a question of prejudice. "