container were obtained from the respondent by the
Food Inspector on 14th November, 2008. The packed
tin container showed that Vanaspati was manufactured
in November, 2008 and its shelf life was till the
expiry of six months from the date of packing i.e.
upto May, 2009. The complaint was filed on 10th
November, 2009. Therefore, learned Sessions Judge
came to the conclusion that the valuable right of
the respondent to send another sample for analysis,
as provided under Section 13(2) of the Act, has lost
because of the delay in filing the complaint. He,
therefore, set aside the order of issue process
passed by learned Judicial Magistrate F.C.
6] Considering the ratio laid down in the
above decisions of the Supreme Court and similar
finding of learned Sessions Judge, since the
valuable right of the present petitioner as per the
provisions of Section 13(2) of the Act, has lost, in
my view, no fault can be found in the impugned order
passed by learned Sessions Judge.
above decisions of the Supreme Court and similar
finding of learned Sessions Judge, since the
valuable right of the present petitioner as per the
provisions of Section 13(2) of the Act, has lost, in
my view, no fault can be found in the impugned order
passed by learned Sessions Judge.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.65 OF 2012
The State of Maharashtra Vs Mithlal Ratanchand Kankriya
CORAM : M.T. JOSHI, J.
DATE : SEPTEMBER 29, 2014
Citation: 2015(2)crimes88 Bom
