Supreme Court of India · 1966-11-23
MUNICIPAL CORPORATION OF DELHI vs GHISA RAM
- Citation / case number
- SC 1966/60224
- Court
- Supreme Court of India
- Petitioner
- MUNICIPAL CORPORATION OF DELHI
- Respondent
- GHISA RAM
Judgment text excerpt
The Supreme Court held that under Section 13(2) of the Prevention of Food Adulteration Act, 1954, an accused vendor has the right to have a sample analyzed by the Director of the Central Food Laboratory. The Court found that the delay of seven months in filing the prosecution prejudiced the respondent's ability to defend himself, as the sample had decomposed and could not be analyzed. Consequently, the Court upheld the trial court's acquittal of the respondent, emphasizing that the prosecution's failure to preserve the sample denied the accused a valuable right.