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1983 DIGILAW 101 (RAJ)

State of Rajasthan v. Budharam

1983-03-07

M.C.JAIN

body1983
JUDGMENT 1. - Heard learned counsel for the parties and perused the judgment of the learned Magistrate. 2. The accused-respondent has rightly been given the benefit, as he was deprived of a valuable right of examination of the sample by the Central Food Laboratoay.The sample sent to Central Food Laboratory, reached the Laboratory in a broken dondition so it was found unfit for analysis. 3. The case is covered by a decision of this Court in S.B.Criminal Appeal No. 167/77, The State of Rajasthan v. Gopal Krishan decided on February 21, 1983 . In that case, the sample was empty but reliance was placed on Municipal Corporation of Delhi v. Shri Devki Nandan Khurana (1975 (1) FAC 443) . The sample of the accused-respondent could not be sent for analysis, as it was already broken. 4. In my opinion, the impugned order of acquittal does not call for any interference so it is hereby dismissed. *******