HINDUSTAN LEVER LTD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri G.S. Chaturvedi and Sri Samit Gopal, learned Senior Advocates assisted by Sri Babloo Singh, Advocate for Revisionist and Sri Syed Ali Murtaza, learned A.G.A. for State.

(2.) This Criminal Revision under Section 397/401 Cr.P.C., has been filed aggrieved by order dated 01.12.1988 passed by Additional Chief Judicial Magistrate, Varanasi rejecting application of Revisionist for dropping proceedings under Section 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954").

(3.) It is submitted that revisionist's right of re-examination of sample and to prove that earlier examination is not correct, has been violated on account of fault of Department since they did not keep other samples properly and delayed the matter whereupon sample bottle leaked and become incapable of testing, hence Revisionist could not have been prosecuted further and should have been discharged.