HINDUSTAN UNILEVER LIMITED Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this criminal misc. petition, a prayer is made for dropping of the proceedings in pursuance to the complaint case bearing No. 2776/2000.

(2.) LEARNED counsel for the petitioner company submits that a sample of Ice -cream was taken on 05th April, 1999 followed by report on 19th April, 1999. The complaint thereupon was filed on 23rd November, 2000, i.e., with the delay of more than one and a half years. An application for sending another sample (second sample) for analysis was made by the co -accused in the year 2001 followed by a report. The sample was found to be deteriorated. The Public Prosecutor then made a further application to call for the third sample for sending it for another report. The application for it was made in the year 2004 could not get result till November, 2007, as is coming out from Annexure -10.

(3.) LEARNED counsel has given reference of judgment of Allahabad High Court in the case of S.P. Agrawal Vs. State of U.P. & Anr. in Criminal Misc. Case Nos. 1553 & 1554 of 1985.