STATE OF RAJASTHAN Vs. RAVI KUMAR

JUDGEMENT

(1.) This criminal appeal by the State has been filed against the judgment dated 7th April, 93 passed by the learned Chief Judicial Magistrate, Sri Ganganagar in Criminal Original case No. 401/86, by which the accused was acquitted of the charge u/S. 7 read with 17 of Prevention of Food Adulteration Act (in short "the Act" hereinafter). The accused was acquitted mainly on the ground of non-compliance of mandatory provisions of S. 13(2) of the Act which was seriously opposed by the learned Public Prosecutor.

(2.) The relevant provision of S. 13(2) of the Act runs as follows :-

(3.) It was argued by the learned Public Prosecutor that the judgment of the trial Court is liable to be set aside on the ground that as the accused did not exercise his right of re-analysis of the sample within the prescribed period, even though, the report of the Central Food Laboratory was sent to him vide Ex. P/17 and Ex. P/18 and it cannot be said that the respondent was deprived of his right of re-analysis of the sample envisaged u/S. 13(2) of the Prevention of Food Adulteration Act. Therefore, the impugned order passed by the learned trial Court be set aside and the accused be convicted of the offence charge u/S. 7 read with 16 of the Act. #