Judgment :-

Leave granted.

This appeal is directed against the final judgment and order dated 21st August, 2008, passed by the Gujarat High Court in Crl.Misc.Appln.No.15068 of 2007, filed under Section 482 Cr.P.C. for quashing the proceedings arising out of criminal complaint No.58 of 1989, filed by the respondent No.1 herein against the appellant in respect of offences punishable under Sections 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.

There is no dispute that the sample of the curd, in respect of which the complaint was filed, was collected on 8th April, 1988, or that the report of the Public Analyst, whereupon the appellant applied for examination of the second sample on the basis of Section 13(2), was filed on 4th May, 1988, but was made available to the appellant only on 17th July, 1989, i.e. 15 months after the samples had been collected. On 10th November, 1989, the petitioner had prayed for examination of the second sample. The second sample was ultimately sent to the Central Food Laboratory on 6th December, 1989, and the report was received on 26th December, 1989.

In the petition under Section 482 Cr.P.C., the appellant had contended that the report of th