DILIP MAHESHWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this petition under Section 482 Cr.P.C., the petitioner Dilip Maheshwari has approached this Court seeking quashing of entire proceedings of the criminal case No.282/2006 pending against him in the Court of the learned Chief Judicial Magistrate, Jodhpur Metropolitan for the offence under Section 7/16 of the Prevention of Food Adulteration Act.

(2.) Brief facts relevant and essential for disposal of the petition are noted hereinbelow:

(3.) Shri Bhansali, learned counsel representing the petitioner, relied upon this Court's decision in the case of Leela Devi & Ors. vs. State of Rajasthan, 2012 4 CJ (Cri.) Raj. and urged that it is an admitted case emerging from record that the complaint was filed after more than 3 years of sample of packaged ghee being collected from the petitioner's business premises. It was clearly printed on the carton of ghee that the same was to be consumed within a period of six months from packing month i.e. April, 200 Thus Shri Bhansali urged that the entire proceedings of the complaint are liable to be quashed because the statutory right available to the accused under Section 13(2) of the P.F.A. Act to get the second sample examined from the C.F.L. has been frustrated by the delay in lodging of the complaint by which time, the best before date had expired.