who is retailer of the food commodities, in exercise of powers conferred under Section 10 of the Act of 1954 in accordance with the Rules of 1955. After completing necessary formalities, sample was sent to the Public Analyst, Raipur for analysis on 30.7.2008 and separately sent a memorandum in Form No.VII and impression of seal used in sealing the packets to the Public Analyst as required by Rules 17 and 18 of the Rules of 1955. After due analysis, the Public Analyst has submitted his analysis report on 4.9.2008 to the State Food (Health) Authority & Controller, Food and Drugs Administration, Raipur in which samples of the biscuits are found to be adulterated. Thereafter on 27.4.2010, a complaint was filed before the jurisdictional Magistrate under Sections 7 (I), 7 (v) read with Section 16(1) (a) (i) & (ii) of the Act of 1954 in which cognizance was taken by learned Magistrate by order dated 27.4.2010 and thereafter, on 11.5.2010 (Annexure P/3), a copy of analysis report was forwarded to the petitioners by the Controller, Food and Drugs Administration, Raipur as required under Section 13(2) of the Act of 1954 to avail the right to get the sample re-analyzed by the Central Food Laboratory. It is further case of the petitioners that in accordance with Rule 32 of the Rules 1955, shelf life of biscuit was six months from July, 2008, it was best before six months from packaging, but complaint was filed after 1 year and 9 months and information under Section 13(2) of the Act of 1954 was given on 11.5.2010 i.e. after a long delay of expiration of shelf life period of the sample. The statutory right of the petitioners has been denied by the act of the respondents, as such, criminal proceedings are liable to be quashed.
