(1.) (Oral) - By this common judgment Criminal Miscellaneous Nos. 6895-M of 1989 and 6292-M of 1989 can conveniently be disposed of together. The facts in both the petitions basically are identical. For the sake of convenience, the facts in the case of Bhagwan Dass v. State of Haryana, Criminal Miscellaneous No. 6895 of 1989 are being mentioned.
(2.) THE prosecution case in brief is that on 30.1.1985 at 3.00 p.m. Munshi Ram, Food Inspector inspected the premises of the petitioner at Basai Road, Gurgaon. The petitioner was in possession of 5 kilograms of Red Chilly (Lal Mirch Kutti) in a tin for public sale. The Food Inspector purchased 600 grams of the Chilly. One of the sealed bottles prepared was sent to the Public analyst, Haryana. The sample was found to be adulterated. The sample was again sent to the Director, Central Food Laboratory, Ghaziabad. It was opined that Acid insoluble ash was on the maximum prescribed limit. It was mixed with wheat flour. The complaint was filed in Court on basis of these facts.
(3.) THE petitioner's grievance is that after the entire evidence had been recorded, the learned trial Court was not justified in allowing re-trial. He further contended that more than 12 years have expired since the time the sample was taken. Because of the inordinate delay the proceedings as such should be quashed.