JOGA RAM Vs. STATE

JUDGEMENT

(1.) LEARNED counsel appearing for the parties have submitted that this case may finally be disposed of at the is stage, as a very short question is involved in the matter, i. e. that the accused wants to send the sample of the milk for examination to the Central Food Laboratory. This right is conferred on under s. 13 (2) of the Prevention of Food Adulteration Act. Mr. Jain has submitted for my perusal a decision of the Allahabad High Court in Bharam Swaroop Vs. State (1), wherein it has been held that there is no limitation prescribed for making an application for sending the sample to the Central Food Laboratory. This can be done after the institution of the case till the case is finally disposed of. In this case, the learned lower court was guided by the fact that almost 8 years have elapsed and, therefore, it will not be proper to send the sample of milk for analysis to the Central Food Laboratory. If the sample has become unfit for analysis, let that fact be reported by the Director, Central Food Laboratory and if he so reports, the accused will suffer its' consequences because it was not he who has made this delay but the court is duty bound to send the sample for chemical analysis to the Centra) Food Laboratory as the accused has a right under s. 13 (2) of the PFA, Act.

(2.) THE result is that this misc. petition is allowed and the order dated 19. 2. 88 passed by the learned Chief Judl. Magistrate, Jodhpur is set aside. It is ordered that the second sample lying in the court be sent to the Central Food Laboratory for analysis. .