BANWARI LAL SHARMA,J. - (1.) This miscellaneous petition has been filed under Section 482 Cr.RC. against the order dated 03.06.2013 passed by the learned Additional Chief Judicial Magistrate, No. 1, Ajmer, whereby the application for discharge filed by the petitioners was dismissed and also seeking quashing of Criminal Complaint No. 259/2009 (325/1996) pending before the learned Additional Chief Judicial Magistrate, No.1, Ajmer whereby the petitioners are being prosecuted for the offence under Section 7/16 of the Prevention of Food Adulteration Act.
(2.) The brief facts of the case are that on 29.05.1993, the Food Inspector took samples of Kesar Badam Ice-cream and the samples were sent for chemical examination to the Public Analysit, report of which was received on 11.06.1993 and as per the report, the ice-cream was found to be adulterated. The complaint was filed against the petitioners-accused on 19.09.1996 (i.e. after about 3 years 4 months). The petitioners-accused, thereafter, filed an application under Section 13(2) of the Prevention of Food Adulteration Act, 1988 on 21.02.1998 before the learned trial court, which was allowed vide order dated 05.07.2010 and in pursuance of which the second sample was sent to the CFL on 29.06.2012. The certificate of CFL dated 06.08.2012 was received on 21.08.2012 (i.e. after about 19 years), wherein it was mentioned that since the sample received was in deteriorated condition and hence the same could not be analysed. The petitioners-accused, thereafter, moved an application for being discharged from the offence on the ground that in absence of failure of second sample, the prosecution case totally vitiates and thus the same is liable to be dismissed, which was dismissed vide order dated 03.06.2013. Hence, this revision petition.
(3.) Heard learned counsel for the petitioners and the learned Public Prosecutor.;