ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Petitioner is facing trial in a complaint filed under the Prevention of Food Adulteration Act (hereinafter referred to as the Act) pending in the Court of the learned Judicial Magistrate Ist Class. Amritsar. He applied under section 13(2) of the Act for sending second sample for analysis to the Director, Central Food Laboratory, Ghaziabad. This application has been dismissed by the learned Magistrate. It is' against the aforesaid refusal or the Magistrate to send the second sample for analysis, that the present revision petition has been filed in this Court.

(2.) THE petitioner was served with the notice from the Court on 12th February, 1983, and without any delay he moved an application on 15th February, 1983, for the despatch of the second sample for analysis. This application was moved within 10 days as required under the Act. It is settled law that the Court has no option but to despatch the second sample. for analysis if the application is moved within the statutory period. The observation of the trial Magistrate that the petitioner had the knowledge of the report of the Public Analyst on 21st October, 1982, is not warranted on the evidence on record. The learned counsel for the State agrees that the impugned order of the, Magistrate cannot be sustained

(3.) FOR the reasons recorded. this petition is allowed and the order, of the learned trial Magistrate refusing to send the second sample for analysis is set aside and it is directed that the second sample be sent to the Director Central Food Laboratory, Ghaziabad, for analysis. Petition allowed.