STATE OF HARYANA Vs. BIRBHAN

JUDGEMENT

(1.) STATE of Haryana has filed this criminal revision against the trial Court's order whereby the application filed by the respondent accused under section 468 Cr.P.C. was allowed and application filed by Shri D.N. Gupta, GFI, for amendment of the complaint which was earlier filed on the basis of the report of the Public Analyst on 20.12.1993 was dismissed.

(2.) BRIEF facts of the case are that a complaint under Section 7(16) of the Prevention of Food Adulteration Act was filed by the Food Inspector against the accused/respondent in the trial Court on 20.12.1993. Sample of Ladoo Boondi was taken by the Food Inspector on 26.10.1993. On analysis, the Public Analyst opined that sample was coloured with prohibited yellow basic coaltar dye and was unsuitable for human consumption. On the application of the accused for sending second sample to the Director, CFL, Mysore, after analysing the second sample, the Director through his report dated 31.1.1994 opined that the sample does not conform to the general standard laid down for an article of food under the provisions of PFA Act and the rules thereunder. The report of the Director, CFL was altogether different from that of the Public Analyst. There was no basis to proceed further with the complaint, hence vide order dated 7.4.1994, complaint was dismissed, accused was discharged and file was consigned to the Record Room.

(3.) ACCUSED filed an application under Section 468 Cr.P.C. alleging that second complaint is filed beyond the period of limitation, therefore the second complaint cannot be proceeded with and is liable to be dismissed.