Ajit Singh Bains, J. - (1.) This petition is directed against the order dated 10th July, 1981 passed by the learned Judicial Magistrate 1st Class, Chandigarh, whereby the application of the petitioner dated 6th Jan., 1981 for sending the second sample of tea retained by the Local Health Authority, Chandigarh to the Central Food Laboratory, Ghaziabad, for analysis was rejected on the ground that it was time-barred as it was filed beyond ten days from the receipt of the copy of the report of the Public Analyst.
(2.) I have perused the record. It is in evidence that the report of the Public Analyst was dispatched through registered letter from Chandigarh on 17th Dec., 1980 and the application for second analysis was moved by the petitioner on 6th Jan., 1982. If the report of the Public Analyst was dispatched to the petitioner on 17th Dec., 1980, then it must have taken 4/5 days to reach Calcutta. Thus it must have been received by the petitioner either on 21st or on 22nd of Dec., 1930 and the application was to be moved by the petitioner before 2nd or 3rd of Jan., 1931, i.e. within ten days. But as observed earlier, the application was moved on 6th Jan., 1981. There is hardly a delay of 2/3 days. In my view, it is a marginal delay and the trial Court should not nave rejected the application of the petitioner for analysis of the second sample.
(3.) Accordingly this petition is allowed and the order of the trial Court dated 10th July, 1981 is sat aside and it is directed that the second sample be sent for analysis to the Central Food Laboratory, Ghaziabad. The parties are directed to appear before the trial Court on 19th Oct., 1983. Petition allowed.;