ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as learned Public Prosecutor.

(2.) The petitioner is aggrieved by the continuation of the proceedings of the criminal case No.14/1992- State v. Ashok Kumar & ors under sec.7/16 of the Prevention of Food Adulteration Act, 1954 {herein after 'the Act'} pending in the court of Chief Judicial Magistrate, Bhilwara. It is prayed that the proceedings may be quashed in inherent powers of this Court under sec.482 CrPC because pendency of these proceedings is violative of his right to speedy trial, guaranteed under Article 21 of the Constitution of India.

(3.) Brief facts of the case are that the present case is pending before learned trial court since 10 th February 1992. A sample of 'dhaniya' (coriander) powder was taken from petitioner's shop on 07 th October 1991, which was found to be containing foreign starch and husk as per microscopic examination by the Public Analyst in its report dated 25.10.1991. The sanction for prosecution was granted on 30.12.1991 and the complaint was ultimately filed on 10.2.1992.