State Of Gujarat & Another vs Shaileshbhai Mansukhlal Shah & Another

The Supreme Court held that under Section 13(2) of the Prevention of Food Adulteration Act, 1954, the accused is not required to pay the fee for a second analysis of food samples by the Central Food Laboratory, as the right to such analysis is now an unconditional legal right following the amendment by Act 34 of 1976. The Court distinguished the previous requirement of fee payment as a privilege under the old law, affirming the Gujarat High Court's decision that the obligation to pay lies with the State or Local Authority. The appeal by the State of Gujarat was dismissed, upholding the High Court's ruling.