Naresh Kumar Sanghi, J. - (1.) BRIEF facts of the case are that a sample of milk was drawn by the Food Inspector and after completing the formalities, one part of the sample was sent to Public Analyst. Upon analysis, it was found to be adulterated being not in conformity with the standards laid down in the Prevention of Food Adulteration Act and the Rules framed thereunder. Therefore, a complaint was instituted against the respondent in the year 1999. After appearance, the respondent -accused took the plea that the Food Inspector, Sukhwinder Singh, was not competent to lift the sample since he was not a qualified Food Inspector at the time of taking the sample from the respondent -accused. It was further averred that the said Food Inspector was again imparted training of three months and thereafter a fresh notification of his appointment as Food Inspector was notified in the year 2003. Therefore, the learned Trial Court had held that at the time of drawing the sample from the respondent -accused, Sukhwinder Singh, the Food Inspector had no jurisdiction to draw the sample and, as such, the respondent -accused was discharged and the complaint was dismissed vide order dated 4.4.2008.
(2.) DISSATISFIED with the order dated 4.4.2008, passed by the learned Chief Judicial Magistrate, Chandigarh, Criminal Revision Petition No. 1497 of 2010 was presented before this Court. Criminal miscellaneous application bearing CRM No. 27564 of 2010 was also filed seeking condonation of delay of 615 days in filing the revision petition. Since no one had put in appearance on behalf of the petitioner on several dates, this Court vide order dated 20.7.2012 was constrained to dismiss the revision petition for want of prosecution. Thereafter, CRM No. 49116 of 2012 was presented for recalling the order dated 20.7.2012 and for restoration of the revision petition on the ground that the lawyer who had to argue the case was on his legs before another Hon'ble Bench while his associate counsel could not reach in time before this court with a request to seek pass -over of the case.
(3.) I have heard learned counsel for the petitioner and gone through the material available on record.;