Shri B.L. Purohit vs State Of Rajasthan
2022 Latest Caselaw 12287 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Misc. (Pet.) No. 6406/2022

1. Shri B.L. Purohit S/o Late Shri Mohan Lal Purohit, Aged About 59 Years, (Nominee Wholesale Firm) M/s Tirupati Proteen Pvt. Ltd., T-20, Shaheed Rajaram Block, Mandore, Jodhpur (Rajasthan)

2. M/s Tirupati Proteen Pvt. Ltd., T-20, Shaheed Rajaram Block, Mandore, Jodhpur (Rajasthan)

3. Pankaj K. Yagnik S/o Shir Kanti Lal Yagnik, Aged About 53 Years, Factory Manager (Nominee) Manufacturing Firm), M/s N.K. Proteen Ltd., C/o Infocrom (India) Pvt. Ltd. Indraprashta Industrial Area, Kota (Rajasthan)

4. M/s N.k. Proteen Ltd., C/o Infocrom (India) Pvt. Ltd., Indraprashta Industrial Area, Kota (Rajasthan) (Manufacturing Firm)

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Food Inspector, Office Of Chief Medical And Health Officer, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Parwat Singh Rathore For Respondent(s) : Mr. Mool Singh Bhati, P.P.

JUSTICE DINESH MEHTA

Order

13/10/2022

1. Mr. Rathore, learned counsel for the petitioners submits that

despite accepting the petitioner's application under Section 13(2)

of the Prevention of Food Adulteration Act, 1954 on 24.08.2011,

the trial court did not send the sample for chemical forensic

examination.

(2 of 2) [CRLMP-6406/2022]

2. Challenging the order dated 30.03.2022 (as affirmed on

14.09.2022), learned counsel argued that after 10-11 years, the

trial court was not justified in directing the petitioners to furnish

fresh demand draft for sending the sample for chemical

examination.

3. He argued that on account of court's lapse, the sample could

not be sent for chemical examination, for which the petitioners'

right of defence has been jeopardised. Learned counsel relied

upon the Judgment dated 07.02.2018 passed by a coordinate

Bench of this Court in the case of Mahesh Yadav & Ors. vs.

State of Rajasthan & Anr. (S.B. Criminal Misc. (Pet) No.

3402/2017).

4. The matter requires consideration.

5. Issue notice. Issue notice of the stay application also.

6. Mr. Bhati, learned Public Prosecutor accepts notice on behalf

of the respondent No. 1 - State.

7. Let notice be issued to the respondent No. 2 returnable

within six weeks.

8. Meanwhile, further proceedings in Criminal Case No. 11/2019

(State of Rajasthan vs. Roop Chand Chordiya & Ors.) pending in

the court of Chief Judicial Magistrate, Jodhpur District shall remain

stayed.

(DINESH MEHTA),J

276-Inder/-

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