VIJAY RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED-petitioner Vijay Raj is facing trial in the court of learned Chief Judicial Magistrate, Jodhpur for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act.

(2.) THE case against the accused-petitioner as disclosed in the petition, was registered on the complaint of one Shyam Sunder, Food Inspector. THE sample of Chillies powder was taken on 29th July, 1989, which after analysis by the Public Analyst was found not conforming to the prescribed standard of purity.

(3.) AGGRIEVED against the aforesaid orders passed by both the courts-below, the accused-petitioner has filed the present petition solely on the ground that both the courts-below have erred in rejecting his application to get the sample analysed by the Central Food Laboratory, Calcutta in his defence as contemplated under Sec. 247 read with Sec. 243, Cr. P. C. According to the accused-petitioner, he is at liberty to lead defence evidence by procuring a report from the Central Food Laboratory, Calcutta to rebut the prosecution case. Learned Chief Judl. Magistrate was bound to call for any document in defence and his denial tantamount to negation of right to lead evidence in defence.