RAM GOPAL & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard counsel for the petitioners and the Public Prosecutor. Perused the impugned order.

(2.) The petitioner No. 1, who is facing trial for the offence under the Prevention of Food Adulteration Act in the Court of Additional Chief Judicial Magistrate Bhilwara, filed an application under Sec. 13(2) of the said Act in the year 1997 for sending the second sample of food article (edible oil) for analysis. The said application was allowed by the Court on 28.3.1997 on a cost of Rs. 1000.00 to be paid by the petitioners. Thereafter the sample was never sent for analysis as the accused-petitioners did not deposit the amount of expenses for analysis by the Central Food Laboratory. When the matter was being finally argued before the learned Additional Chief Judicial Magistrate, a specific plea was raised on behalf of the petitioners-accused that their right to have the second sample analyed by the Central Food Laboratory under Sec. 13(2) of tho Prevention of Food Adulteration Act has been defeated on account of not-sending the second sample for analysis to the Laboratory.

(3.) At that stage, the Public Prosecutor appearing before the trial Court offered to deposit the amount of expenses for analysis because as per the provisions.of the Food Adulteration Act, the expenses of analysis of second sample are to be borne by the State Government. This application of the Public Prosecutor has been allowed and the learned trial Court, by the order dated 13.10.2006, instead of deciding the case, has directed to send the second sample ,for analysis to the Central Food Laboratory. It is in these circumstances that the present miscellaneous petition has been filed assailing the order dated 13.10.2006 for quashing of the proceedings going against the petitioners in the Court of the learned Additional Chief Judicial Magistrate, Bhilwara.