ORDER

Sandeep Mehta, J.—The instant miscellaneous petition has been preferred by the petitioners against the order dated 24.6.2006 passed by the learned Chief Judicial Magistrate Jodhpur in Criminal Case No. 214/2006 taking cognizance against the petitioners for the offence under Section 7/16 of the Prevention of Food Adulteration Act, as affirmed in Criminal Revision Petition No.29/2009 by the learned Additional Sessions Judge No.2 Jodhpur by his order dated 4.11.2009.

2. The short question involved in the matter is as to whether the prosecution of the accused/petitioners for the defence under the Food Adulteration Act, 1954 (for short, “the Act”) can be permitted in relation to a failed sample of prepackaged food article after nearly five years from the date when the sample was taken.

3. The petitioner are the Director of M/s Sun Shine Food Products, F 88-89, Bichhwal Industrial Area, Bikaner. The company manufactures savouries (Namkins) under the brand name “Bhika Ram Chandmal”. The Food Inspector, Jodhpur took samples of packaged potato “Bhujiya” manufacturered under the brand-name “Bhikaram Chandmal” from the shop of “Shahi Sweets”, Sabji Mandi, Ratanada, Jodhpur on 2.8.2001.