Prevention of Food Adulteration -- Right to Central Food Laboratory Analysis -- Failure to inform accused of statutory right vitiates prosecution
Prevention of Food Adulteration Act, 1954, S.13(2) -- Prevention of Food Adulteration -- Right to Central Food Laboratory Analysis -- The right of an accused to have a food sample analysed by the Central Food Laboratory is a valuable and substantive safeguard -- Service of the Public Analyst's report and communication of this right to the accused is a mandatory foundational requirement -- A trial court cannot draw an adverse inference from the failure of the accused to apply for Central Food Laboratory analysis unless the prosecution first establishes due compliance with Section 13(2) -- Failure to establish such compliance vitiates the prosecution.
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