RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A very short question of law is involved in this petition. The petitioner is facing trial under section 7/16 of Prevention of Food Adulteration Act (for short 'the Act'). The accusation against him is that the Food Inspector took sample of 'Chilly' from his shop and the same was found adulterated on analysis by the Public Analyst.

(2.) On June 30, 1989 and Oct. 28, 1989 the petitioner moved as applications under Sec. 13(2) of the Act with a prayer to send the second sample for analysis by Director Central Food Laboratory. The learned Magistrate allowed the said application, but vide impugned order dated Oct. 12, 1990, directed the petitioner to deposit the entire expenses of analysis to be charged by the Central Food Laboratory.

(3.) The learned counsel for the petitioner had challenged the said order on the following two grounds:-