( 1 ) THE principal ground urged by Mr. Shah on behalf of the petitioner was that the proviso to section 13 (5) of the Act was ultra vires inasmuch as that proviso violated the fundamental rights guaranteed under Articles 14 19 and 21 of the Constitution that the Act did not lay down or indicate any standard for the guidance of the Public Analyst and conferred absolute naked and arbitrary powers upon these officers that the presumption arising out of the certificate issued by the Director was not a conclusive presumption but a rebuttable one and therefore the petitioner was entitled to challenge the facts stated therein by means of cross-examination or by leading evidence of some other expert.

( 2 ) SECTION 13 of the Act provides first for the report of Public Analyst in respect of the result of the analysis of an article of food submitted to him by a Food Inspector for analysis. Sub-section (2) provides that after the institution of a prosecution the accused-vendor or the complainant may make an application to the Court for sending a part of the sample mentioned in section 11 to the Director of the Central Food Laboratory for a certificate and on receipt of the app