STATE OF HARYANA Vs. RAJINDER SINGH

JUDGEMENT

(1.) STATE of Haryana has filed this appeal against accused/respondent Rajinder Singh challenging the impugned judgment of acquittal dated 7.4.1999 passed by learned Sub -Divisional Judicial Magistrate, Safidon, whereby Rajinder Singh has been acquitted of the charge framed as against him. The brief facts of the case as given in the judgment of learned Sub -Divisional Judicial Magistrate, Safidon are as under:

(2.) THE learned Sub Divisional Judicial Magistrate relying upon the arguments of the defence counsel held that provision of Section 13(2B) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') are mandatory and there is non -compliance of this provision. The learned Sub Divisional Judicial Magistrate had relied upon the Division Bench judgment of this Court in State of Haryana v. Lakhmi Chand FAC 1998 (2) 287, wherein it has been held that the provisions of Section 13(2B) of the Act are mandatory in nature and any delay in submitting the report by the CFL is fatal to the case of the complainant. Division Bench of this Court had also placed reliance upon two earlier judgments of Single Benches of this Court.