- (1.) ORDER :- Heard the learned counsel for the petitioner and the Public Prosecutor.
(2.) This Criminal Misc. Petition under Section 482, Cr.P.C. is directed against the order dated 22nd March, 96 passed by the learned Chief Judicial Magistrate, Jodhpur in Criminal Case No. 291/94 state v. Hanuman". By the aforesaid order, the learned Chief Judicial Magistrate rejected the prayer of the accused petitioner for sending one of the samples to the Central Food Laboratory, Calcutta under Section 13(2) of the Prevention of Food Adulteration Act, on the ground that the application under Section 13(2) of the Food Adulteration Act (in short the Act hereinafter) was not submitted within a period of ten days as required by Section 13(2) of the Act. The learned counsel for the petitioner has submitted that the order passed by the learned Chief Judicial Magistrate is against the provisions of Section 13(2) of the Act and it resulted in depriving the petitioner of his right to defend himself against the charge for which he was being tried. He has placed reliance on a decision, dated 6th January, 96 given by the learned single Judge of this Court in S.B. Criminal Revision Petition No. 25/96 by which the learned single Judge held that the order passed by the learned Chief Judicial Magistrate rejecting the prayer made by the accused to send the second part of the sample to Central Food Laboratory, Calcutta was against the law and was therefore, set aside.
(3.) The learned Public Prosecutor has supported the order passed by the learned Chief Judicial Magistrate and submitted that the order passed by him is in accordance with law, because the application under Section 13 of the Act was not filed within a period of ten days.;