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Devyani Food Industries (M/s.) (P) Ltd. & Anr. vs. State of Rajasthan

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Prevention of Food Adulteration Act, 1954–Sec. 13(2)–Application for sending the sample to CFL was filed on 25.09.2010–No order was passed on the application for four months–Thereafter, the petitioner filed the second application along with demand draft–Order of producing second sample was not communicated to prosecution officer and demand draft became invalid–Shelf life of sample was one year–No fault on part of petitioner as the application itself was not decided within the period of one year–Held, proceedings are liable to be quashed in view of right of speedy trial and expiry of shelf life
of sample.