MUNICIPAL COUNCIL Vs. NOOR KHAN

JUDGEMENT

(1.) THIS is an appeal of the Municipal Council, Jaipur against the judgment of the Municipal Magistrate Court No. 2, Jaipur, dated 5.10.1971.

(2.) I have heard arguments and perused the record.

(3.) THE learned Counsel for the appellant challenged the order on the basis of Ajid Prasad v. State of Maharastra : 1972CriLJ1026 in which it was held that in the absence of any application by the accused under Sub -section (2) of section his for getting the sample analysed by the said Director, the accused could not complain that he was deprived of the right to have the sample analysed by the Director Here delay on the part of the complainant is getting the summons served was not, in the absence of evidence to show that the sample had deteriorated when the summons was severed, sufficient to hold that the accused was prejudiced by reason of deprivation at the light under Sub -section (2) of Section 13. The next case railed upon by the learned Counsel for the appellant is Municipal Council Jaipur v. Bhanwarlal 1974 WLN 68 in which the same view was followed. I therefore, find little justification in the view taken by the learned Magistrate and his order of acquittal made on the preliminary objection seems to be contrary to the Saw declared by the Supreme Court.