LAXMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 Crimial P.C., 1973 praying that the proceedings be dropped against the petitioner as second sample sent to Central Food Laboratory has been found unfit as shelf life thereof had expired.

(2.) Learned counsel for the petitioner has submitted that samples of cow milk, after necessary formalities, were drawn on 25.1996. Learned counsel contends that the complaint was filed by the Food Inspector. Learned counsel contends that since second sample has not been found fit, a valuable right of the petitioner stands defeated and therefore, the proceedings be dropped.

(3.) Learned counsel for the petitioner, in support of above said argument, has relied upon Vishram Kumawat Vs. State of Rajasthan, 2016(1) Cr.L.R. (Raj.) 66, Onkarlal Vs. State of Rajasthan, 2003(2) Cr.L.R. (Raj.) 1393, Chandra Shekhar LakhotiaAnr. Vs. State of Rajasthan, 2012(1) Cr.L.R. (Raj.) 487, to contend that the very fact that second sample was found unfit is sufficient to hold that continuation of proceedings will serve no useful purpose.