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Judgment
G.S. Chahal, J.
Ranju Sharma petitioner has come to this Court in this petition under Section 482 Cr.P.C. for quashing of the proceedings pending in the Court of CJM, Karnal, on the basis of the complaint for offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act.
The petitioner is being prosecuted on the basis that on May, 20 1984, a sample of the milk was drawn, which on analysis was found to be deficient in milk fat; the same being 5.4% against the standard of 6%.
The petitioner applied to the Court for sending of the second sample which on being received by the Director, Central Food Laboratory was found to be in broken condition. The third sample was then sent and it was reported by the Director Central Food Laboratory that the same was also broken and completely leaked out.
The learned counsel has urged that the petitioner has been deprived of his defence by the two samples having been found broken and it was the duty of the authorities under the Act to keep the sample intact.
Vide Section 13 of the Act, and accused person has the right to get the second sample analysed from the Central Food Laboratory and the report of the Director supersedes the report of the Public Analyst. There is force in the contention of the learned counsel that it was for the authorities under the Act to keep the samples intact.
Since the samples got broken for no fault of the petitioner, he has a right to claim that he has been deprived of his defence.
In Union Territory Chandigarh v. Jamna Parshad, 1991 Cr. L. Time, 493, DB in similar situation the acquittal of an accused person was ordered and it was observed that the accused had been deprived of his valuable right for no fault of his for getting the sample analysed from the Central Food Laboratory. This judgment is based on the observations of the Supreme Court in Chhatu Mal. State of M.P. 1981 CLR 576.
Since the present case cannot end in conviction, the continuation of the proceedings shall amount to abuse of process of Court.
I hereby allow the petition and quash the proceedings. The petitioner stands disposed of.