JUDGMENT

Gyanendra Kumar, J. - This is an application under section 561-A, Cr.P.C. praying for review and vacation of the order of S.D. Singh, J. dated December 1, 1967, dismissing Revision No. 911 of 1966, filed by the applicant and maintaining his conviction and sentence under section 16 read with S. 7(1) of the Prevention of Food Adulteration Act XXXVII of 1954.

2. The only point urged oil behalf of the applicant is that the prosecution of the applicant was lodged with inordinate delay. with the result that he was deprived of the valuable right guaranteed to him under section 13 of the Food Adulteration Act by getting his Hart of the sample of milk tested by the Director of the Central Food Laboratory, Calcutta, whose report was to be conclusive evidence, regarding adulteration or otherwise of the sample of milk in question.

3. In order to appreciate the contention of the applicant's counsel, it is necessary to state certain facts and dates. The applicant carries on the business of selling milk at Hapur, in the district of Merrut. On March 25, 1965 the Food Inspector of Hapur Municipality purchased 12 chhataks of milk for 51 np. and after adding the requisite quantity of preserva