Allahabad High Court
Mahesh vs State Of U.P. & Another on 6 August, 2010
Author: Ashok Kumar Roopanwal
Bench: Ashok Kumar Roopanwal
Court No. - 48 Case :- APPLICATION U/S 482 No. - 966 of 2001 Petitioner :- Mahesh Respondent :- State Of U.P. & Another Petitioner Counsel :- Sunil Kumar Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
This application u/s 482 Cr.P.C. has been moved for quashing the order dated 30.11.2000 passed by the 1st A.C.J.M. Bulandshahar, in Case No. 480 of 1997, State Vs. Mahesh, u/s 7/16 of the Prevention of Food Adulteration Act, and the order dated 15.1.2001 passed by the Sessions Judge, Bulandshahar.
It appears from the record that a plea was taken by the applicant that the trial was defective as the provisions of section 13(2) of the Prevention of Food Adulteration Act was not complied with. That plea was rejected by the trial court vide order dated 30.11.2000 and the same view was affirmed by the Sessions Judge vide order dated 15.1.20001.
Heard Mr. Sunil Kumar, learned counsel for the applicant, learned AGA for the State and perused the record.
Mr. Kumar argued that it is the legal right of the applicant to get the sample retested by the Central Food Laboratory and because that right was infringed, hence the trial was vitiated as that opportunity was not afforded to the applicant during the whole trial.
May it be that the opportunity for retesting by the Central Food Laboratory was not granted to the applicant but that would not be sufficient to quash the proceedings as the matter had proceeded after framing of the charge. The plea of the applicant and the consequences ensuing from alleged non-compliance of section 13(2) of the Prevention of Food Adulteration Act may be considered by the trial court at the final stage of the trial.
With the above observation the application is finally disposed of.
Order Date :- 6.8.2010 Pcl