When it is the case of use of preservative and the preservative is used beyond permissible limit, the aforesaid position of law needs to be kept in mind. The preservative like sulpur dioxide is chemical substance and so, it is up to the accused to show that due to the delay caused in analysis, the sample must have become unfit and sample must have deteriorated due to natural process and so, the quantity of SO 2 used initially cannot be ascertained in such a sample. The Court cannot presume that such change might have occurred. The aforesaid provisions show that the Court is expected to leave such point to the expert. Thus, different cases of food adulteration need to be dealt with differently. In the present case, it can not be presumed that sample must have become unfit on the date of filing of complaints. It was up to the expert to say whether sample had been unfit. In view of this position of law and the facts and circumstances of the case, this Court has Cri. Appln. No. 230/14 & Ors.
no hesitation to observe that the proceedings cannot be quashed and the order of issue process cannot be set aside.
Bombay High Court
Aravind Shankar Manegaonkar vs The State Of Mah on 5 November, 2014
Bench: T.V. Nalawade
Citation; 2015 CRLJ(NOC)482 BOM