2002 CRI. L. J. 2608 ::2002 FAJ 373 ::2002 (3) RajLR 276 ::2002 (2) RajCriC 1044 ::2002 (2) FAC 76 ::2003 (2) RajLW 925

Rajasthan High Court

Hon'ble Judge(s): D. N. Joshi , J

Prevention of Food Adulteration Act (37 of 1954) , S.13— Prevention of Food Adulteration Rules (1955), R. 9-A - Report of public analyst - Presumption of due service - Statement of Food Inspector that analysis report of sample was sent through registered post - No evidence showing that registered envelope allegedly containing notice copy and analyst report was having complete and correct address of accused - Presumption of service of report on accused cannot be made - Non-compliance of provisions of S. 13(2) and R. 9-A made thereunder - Accused deprived of the right of re-analysing sample for no fault on his part and valuable right on his part - Acquittal of accused, proper. (Para 13)