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2018 Supreme(Raj) 1588

KANWALJIT SINGH AHLUWALIA
Laxman Singh S/o Shri Bheru Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Mr. Vinay Pal Yadav.
For the Respondent: Ms. Meenakshi Pareek, PP.

ORDER :

1. Present petition has been filed under Section 482 Cr.P.C. praying that the proceedings be dropped against the petitioner as second sample sent to Central Food Laboratory has been found unfit as shelf life thereof had expired.

2. Learned counsel for the petitioner has submitted that samples of cow milk, after necessary formalities, were drawn on 22.5.1996. Learned counsel contends that the complaint was filed by the Food Inspector. Learned counsel contends that since second sample has not been found fit, a valuable right of the petitioner stands defeated and therefore, the proceedings be dropped.

3. Learned counsel for the petitioner, in support of above said argument, has relied upon Vishram Kumawat v. State of Rajasthan, 2016(1) Cr.L.R. (Raj.) 66, Onkarlal v. State of Rajasthan, 2003(2) Cr.L.R. (Raj.) 1393, Chandra Shekhar Lakhotia & Anr. v. State of Rajasthan, 2012(1) Cr.L.R. (Raj.) 487, to contend that the very fact that second sample was found unfit is sufficient to hold that continuation of proceedings will serve no useful purpose.

4. I am not impressed by the arguments raised by the learned counsel for the petitioner. Furthermore, the judgments relied by the learned co

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