ONKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Single Judge has referred following question for adjudication :- ``whether the right of the accused to move an application under Section 13 sub-section (2) of the Prevention of Food Adulteration Act, 1954 is extinguished if he does not submit an application for sending one of the sample to Central Food Laboratory, for analysis, within the period of ten days from that of receiving a copy of the receipt of the Public Analyst ?''

(2.) THE view that an application for sending one of the samples to the Central Food Laboratory filed under Section 13 (2) of the Prevention of Food Adulteration Act (hereinafter referred to as ``the Act'') beyond the period of ten days from the date of the receipt of the copy to the public Analyst taken by the learned Single Judge of this court in Vijay Raj vs. State of Rajasthan (1), relying on the decision of the Apex Court in Tulsi Ram vs. State of M. P. (2), is in conflict with the view taken in Hanuman vs. State of Rajasthan (3), relying on the earlier decision of this court in Joga Ram vs. State (4), and N. K. Dixit vs. C. J. M. , Sitapur THE learned Single Judge in Hanuman vs. State (supra), has distinguished the decision of the Apex Court in Tulsi Ram vs. State of M. P. (supra ). In Joga Ram vs. State (supra ). THE court held that accused has a right to request the court to send one of the samples to the Central Food Laboratory for analysis and the application for sending the sample to the Central Food Laboratory may be filed after the institution of the case till the case is finally disposed of and the court is duty bound to send the sample to the Central Food Laboratory.

(3.) THE decision given by another learned Single Judge of this Court in Joga Ram vs. State (supra), held to be not applicable in view of the decision given by the Hon'ble Supreme Court in Tulsi Ram vs. State of M. P. (supra ). THE learned Judge observed as under:- ``i am further of the opinion that the decision rendered by the learned Single Judge of this Court in the case of Joga Ram (supra) and decision rendered by the learned Single Judge of Allahabad High Court in the case of Bharam Swaroop (supra), do not hold water in view of the decision rendered by the Apex Court in the case of Tulsi Ram (supra ). ''