DINESH ARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner Dinesh Arya for assailing the proceedings of the Criminal Complaint No. 151/2010 pending in the Court of Chief Judicial Magistrate, Nagaur for the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954.

(2.) Brief facts relevant and essential for the disposal of the appeal are noted herein below:-

(3.) Dr. Bhansali, learned Counsel representing the petitioner relied upon the order dated 25.10.2016 passed by the Jaipur Bench of this Court in S.B. Criminal Misc. Petition No. 2756/2014 : Varun Beverages Limited Vs. State of Rajasthan, whereby the proceedings of the complaint filed against Varun Beverages Limited in an identical situation was quashed. He submits that by now the sample of the sweetened carbonated water can be presumed to have been rendered unfit for analysis. Otherwise also, the shelf life of the sample has expired long back and therefore, no useful purpose would be served by sending the second sample to the Public Analyst at this belated stage. He urges that the fundamental/legal right of the accused to lead evidence for controverting the report of the public analyst has been infringed by the delay in lodging of the report and as the application under Section 13(2) of the P.F.A. Act has not been decided till now and thus, the proceedings of the criminal complaint should be quashed.