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2000 Supreme(Raj) 1048

S.C.MITAL
Bhanwarlal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Suresh Kumbhat, Advocate.
For the Respondent: Ramesh Purohit, PP.

JUDGMENT

1. - This petition under section 482 Criminal Procedure Code arises out of the Criminal Case No. 106/93 (State v. Bhanwarlal) under Section 7 read with 16, Prevention of Food Adulteration Act, 1954 (in short 'P..F.A. Act) pending in the court of Additional Chief Judicial Magistrate, Sojat City, wherein the petitioner Bhanwarlal accused has prayed for quashing the proceedings on the ground of delay in trial.

2. The sample was taken on 30.4.1993 and charge-sheet was submitted on 9.12.1993. The petitioner entered appearance in the court on 4.2.1994 and submitted an application to send the second sample to Central Food Laboratory. The sample was sent on 15.2.1994 and the report was received on 6.4.1994. The case was thereafter listed for recording pre-charge evidence from 30.6.1994 to 27.8.1996 but no witness could be examined due to mainly non-appearance of the witnesses in the court on five dates. On two dates the summons were not issued by the officer and on 31.5.1996 Advocates were on strike. The first witness was examined on 28.10.1996. The charge was framed on 25.1.1997 because the Presiding Officer was on leave on 9.12.1996 and he was transferred and there was posting










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