NEMI CHAND AGRAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition has been filed under Sec. 482, Crimial P.C. for quashing of the complaint filed under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954 (for short "the P.F.A. Act"). The trial Court had ordered to summon the present petitioner.

(2.) The only contention of the present petitioner is that according to the prosecution, samples of mustard oil have been taken on 9.1.2010 and it is not in dispute that the sample packets were packed in July, 2009 and the samples had to be expired in July, 2010 and complaint for the alleged offence has been filed in the trial Court on 25.11.2010 and admittedly, the samples have been expired in July, 2010 and as such the valuable right of the petitioner provided under Sec. 13(2) of the P.F.A. Act to get the samples analysed from the Central Food Laboratory had been lost as the complaint has been filed in Nov., 2010. By that time, the samples had expired. He has placed reliance on Girishbhai Dahyabhai Shah Vs. C.C. Jani & Anr., (2010) 2 SCC (Cri.) 270 .

(3.) Sec. 13 of the P.F.A: Act reads as under :