PRAMOD S O NARAYANRAO DAWALE Vs. FOOD INSPECTOR

JUDGEMENT

(1.) The accused-applicant who has been tried for the offences under the provisions of Prevention of Food Adulteration act, 1954, preferred to challenge the grievance of report of analyst of Food stuff subject matter. For raising the challenge as contemplated by Section 13, Sub-section (2) , he submitted the application, copy thereof is at (ANNEXURE-A). In this application, he prayed for forwarding the sample for further analysis at the costs of the Complainant/state.

(2.) The complainant/prosecution opposed the application on the ground that it was the duty of the accused to pay for the fee required for analysis of the sample by the central Food Laboratory.

(3.) The application filed by the accused was rejected by the Trial Court by order dated 2-11-2002. The order of rejection is based on the ground that the amount was already ordered to be paid, however, the accused has failed to pay the same. The present applicant has not placed on record copy of the order passed below Exh. 5.