right to receive copy of public analyst's report is a valuab

Right to receive copy of Public Analyst's report is a valuable right vested with accused Learned counsel for the respondent, on the other hand, contended that right to receive copy of Public Analyst's report is a valuable right vested with the accused. He submits that it is mandatory for the Public Health Authority to send a copy of report of the result of analysis to accused informing him that if it is so desired, either or both of them may 5 make an application to the court within a period of ten days from the date of receipt of copy of the report to get the sample of the article of food kept by the Local Health Authority analysed by the Central Food Laboratory. In support of his submission, learned counsel relied upon judgment of this Court in Pimpri Chinchwad Nagarpalika v. Giriraj & anr reported in 1998 Cri. L.J. 4354. In para 5 of the said ruling, this Court observed thus : "...... On a reading of Rule 9 (A) it can be seen that Analyst's report should be delivered to the accused. It is not enough to prove that the report is sent by post. Rule is mandatory that the authority should see that it is delivered to the accused. Mere production of copy of covering letter will be be sufficient to prove that the report is delivered." 6. On hearing learned counsel for the parties on the above point and on reading the evidence led on record, I am of the opinion that the evidence is lacking in this case that the prosecution has failed to establish that the mandatory provision of rule 9A of the Prevention of Food Adulteration Rules has been complied with. Finding rendered in this behalf by the learned trial Court, therefore, needs no interference. Bombay High Court Nagpur Bench : Nagpur vs Administration, Ms, Wardha on 1 August, 2012 Bench: A.P. Bhangale





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