1 : 3. Rule 9A has to be interpreted so as to keep it in tune with, and within the bounds of section 13(2). The amended section 13(2) does not pres~ cribe any point of time before which the report of the Public Analyst is to be forwarded to the accused vendor. But, the very basis of a prosecution for B adulteration of food is the report of the Public Analyst that the article of food is adulterated, The accused is given the right to dispute the Public Analyst's report by applying to the court for an analysis by the Central food Laboratory. If the report of the Central Food Laboratory is to the effect that the article of food is not adulterated the very basis of the prosecution will disappear. In such an event the further pursuit of the prosecution will be needless and the accused will have to be discharged or acquitted as the case may be. It is C therefore to be assumed that the report of the Public Analyst is to be made available to the accused vendor at the commencement of the rrosecution, that is to say, before the prosecution starts leading evidence in the case, and in good and sufficient time to enable the accused to exercise his right of having the sample analysed by the Central Food Laboratory if he so desires it. Therefore Rule 9A carefully refrains from mentioning any definite limit of time and the expression ''immediately" is not to be understood to mean the very next D instant, the very next hour, that very day or the very next day. Construej in its setting, the expression "immediately" is only meant to convey 'reasonable despatch and promptitude' and no more. The idea is to avoid dilatoriness on the part of official dom and prevention of unnecessary harassment to the accused. But the idea is not to penalise the prosecution and to provide a technical defence. If after receiving the Public Analyst's report the accused never sought to apply to the court to have the sample sent to the Central Food E Laboratory, as in the present case, he may not be heard to complain of the delay in the receipt of the report by him, unless, of course, he is able to establish some other prejudice. [960E-H; 961A-B]
