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3. The sample of Blended Edible Vegetable Oil was taken on 31st March, 2010 during the inspection conducted on the premises of M/s H.M. Morning Store Pvt. Ltd. the other co-accused in the present case.

4. Public analyst opined vide its report No.PFA/Enf./731/2010 dated 4th May, 2010 that the sampled product does not confirm to standard because acid value exceeds the prescribed maximum limit. As per the PA report the acid value was found 0.68 present against the maximum limit of 0.50 percent. The sample went outside its shelf life of 9 months in August, 2010.

The packaging date of the sample is 27th November, 2009, the sample of the product was taken by the respondent No.2 on 31st March, 2010, the sample was analyzed by the public analyst on 4th May, 2010, the complaint was filed on 15th March, 2011 and notice under Section 13(2) of the Act was given to the accused company on 17th March, 2011. The 'Best Before' date of sample is 9 months from the date of packing. The product in question went outside its shelf life of 9 months in August 2010 and thus on 17th March, 2011 when Notice under Section 13(2) of the Act was given, the sample became seven months beyond its best before date and the right of the petitioner company to get the sample of the product re-analyzed was vitiated. The alleged violation is that the 'acid value' of Saffola Blended Edible Vegetable Oil being found 0.68% as against 0.5%. The Public Analyst before the Central Food Laboratory (CFL) would have been a futile exercise after seven months of the product crossing its shelf life. Thus the delay in filing of the complaint by respondent No.2 in the present case has resulted in complete denial of the right to reanalysis causing irreparable damage and prejudice to the defense of the petitioners. Therefore, the initiating of prosecution, issuance of process and consequent proceedings are uncalled for being time barred and futile exercise by the department under the circumstances explained above.

11. It is the case of the petitioner on merit that the present prosecution is filed against the petitioners and other accused persons based on the report of PA opining the product i.e. Saffola Blended Edible Vegetable Oil is adulterated as the sample did not conform to standard because acid value exceeded the prescribed maximum limit of 0.5%. Thus in such cases where alleged violation is of acid value being found 0.18% more than prescribed value of 0.5%, the filing of the complaint 7 months beyond the best before date of sampled product that had shelf life of merely 9 months, the chemical changes in oils beyond the prescribed or suggested shelf life results in increase in acid value among other changes.