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july 2009

Supreme Court of India · 2009-07-31

GIRISHBHAI DAHYABHAI SHAH vs C.C.JANI

Citation / case number
SC 2008/28757
Court
Supreme Court of India
Petitioner
GIRISHBHAI DAHYABHAI SHAH
Respondent
C.C.JANI

Judgment text excerpt

The Supreme Court addressed the appeal against the Gujarat High Court's dismissal of a petition under Section 482 Cr.P.C. for quashing proceedings under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954. The Court held that the delay in serving the Public Analyst's report, which was provided 15 months after sample collection, deprived the appellant of the right to apply for examination of the second sample as per Section 13(2) of the Act. The Court emphasized that the deterioration of the sample rendered any further examination meaningless, thus upholding the appellant's contention regarding the violation of procedural rights under the Act.

GIRISHBHAI DAHYABHAI SHAH vs C.C.JANI · Niyam