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TMI Blog1999 (1) TMI 539X X X X Extracts X X X X X X X X Extracts X X X X ..... was analysed and found to be adulterated as it did not conform to the standard prescribed for that food article and hence report was forwarded to the Local Health Authority. A complaint was thereafter filed against the respondent before the Magistrate Court concerned for the aforesaid of- fence. When respondent entered appearance he made an application to the court for sending one of the remaining parts of the sample to the Director of Central Food Laboratory and the court despatched it as prayed for. The Director of Central Food Laboratory sent a Certificate to the court specifying the result of the analysis to the effect that the food article contained in the sample conforms to the standard prescribed for com-pounded Asafoetida. Respondent thereupon move the trial court for discharging him from prosecution, but the learned Magistrate declined to do so on the premise that "the certificate of analysis issued by the Director of Central Food Laboratory was not complete as results of certain tests were not indicated therein.' Respondent then moved the High Court in revision challenging the aforesaid order of the Magistrate, learned Single Judge of the High Court upheld the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aboratory did not contain anything about those three elements it only means that the sample did not contain even a wee bit of those elements when analysis was made in the laboratory. The Central Food Laboratory is established in accordance with Section 4 of the Act. Rule 4 of the PFA Rules contains provisions to be followed by the Director of Central Food Laboratory on receipt of a part of the sample sent by the court. Sub-rule (4) prescribes that "receipt of a package containing a sample for analysis the Director or an officer authorized by him, shall compare the seals on the container and the outer cover with specimen impression received separately and shall note the condition of the seal thereon." Sub-rule 5 says that after the analysis the certificate thereof shall be supplied forthwith to the sender in Form II. Section 13 of the Act contains provisions regarding report of Public Analyst as well as the Certificate of the Director of Central Food Laboratory. After institution of prosecution against the person from whom the sample of the article of food was taken (and/or the person whose name and address were disclosed under Section 14-A), the accused has the right t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is declared by this Act to be conclusive proof of another the court shall, on proof of the one fact regard the other as proved and shall not allow evidence to be given for the purpose of disproving it." Thus the legal impact of a Certificate of the Director of Central Food Laboratory is three-fold. It annuls or replaces the report of the Public Analyst, it gains finality regarding the quality and standard of the food article involved in the case and it becomes irrefutable so far as the facts stated therein are concerned. If the argument of the learned counsel for the Corporation is upheld and the Certificate of the Director of Central Food Laboratory is sidelined as pleaded by him, the consequence is that there will not be anything surviving to show the quality or standard of the food articles involved in the case. Even that apart, the accused will be deprived of his statutory right to disprove the Report of the Public Analyst. The aforesaid position has been delineated by this Court in two decisions. In Municipal Corporation of Delhi v. Ghisa Ram, AIR (1967) SC 970, [1967] 2 SCR 116 the Director of Central Food Laboratory reported to the court that the part of the sample ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs on the strength of the Certificate of the Director of Central Food Laboratory which has come on record in the case. D.P. WADHWA, J. This special Leave Petition is barred by 309 days. It is against an order made in revision by the Calcutta High Court uphold-ing the order of the trial court acquitting the respondent of an offence under Sections 7/16 of the Prevention of Food Adulteration Act, 1954 (Act, for short). There is an application by the petitioner seeking condonation of delay in filing this petition. Reliance has been placed on a decision of this Court in Collector, Land Acquisition, Anantnag and Anr. v. Mst. Katiji and Ors., AIR (1987) SC 1353. It was submitted that the Court should be liberal in condoning the delay. Liberal all right, but delay is inexcusable unless sufficient cause is shown. It is not the law that when an application seeking condonation of delay is filed by the State or any authority, this Court must invariably condone the delay irrespective whether sufficient cause is shown or not. In Ramlal & Ors. v. Rewa Coalfields Ltd., AIR 1962 SC 361, this Court said : "In construing s.5 of the Limitation Act it is relevant to bear in mind two important c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was sent for forwarding the required documents, this requisition was followed by a reminder dated 27.07.1998. The Officer of the Corporation visited Delhi in connection with this case and other matters on 02.09.1998, but again without Annexure P-2 to the S.L.P., though the S.L.P. was finalised and the Affidavit was sworn by the Officer of the Corporation but for want of Annexure P-2 to the S.L.P. the same could not be filed. The Annexure P-2 to the S.L.P. was received on 15.09.98, and thereafter this S.L.P. was filed without any delay." Annexure P-2 is a report of the Central Food Laboratory dated November 2, 1989. It is not that this report was not with the petitioner. On the face of it, there appears to be no sufficient cause to condone the delay. We did not think it even necessary to issue notice on this application and dismissed the application. It is only when circumstances mentioned in the application before this Court would show sufficient cause to condone the delay that notice is required to be issued. Rule 10 of Order XVI of the Supreme Court Rules, 1966 provides that where a petition for special leave has been filed beyond the period of limitation prescribed theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dismissed the petition on the ground of delay. Though we dismissed the special leave petition on the ground of delay as well as on merits, on reconsideration I feel it is contradiction in terms. If we dismiss the petition on the ground of delay we cannot go into the merits though at best it could be said that it is not a fit case for this Court to exercise its jurisdiction under Article 138 of the Constitution. Be that as it may. With due respect to my learned brethren I think I should not express any opinion on the statement of law that if the certificate issued by the Director of Central Food Laboratory did not contain anything about those three elements it only means that the sample did not contain even a wee bit of those elements when analysis was made in the laboratory". This is how I look at the things. Under the Rules framed under the Prevention of Food Adulteration Act, standard of quality of compounded asafoetida which was alleged to be adulterated has been prescribed. Compounded asafoetida shall not contain : (a) Colophony resin, (b) Galbanum resin, (c) ammoniaccum resin, (d) any other foreign resin, (e) coal tar dyes, (f) mineral pigment, (g) more than 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t should not lay down a law on an ex parte hearing. It is not material even if the dismissal of the petition does not prejudice the other party. Any law declared by this Court applies all over. It is binding on all the courts in the country under Article 141 of the Constitution. In Municipal Corporation of Delhi v. Ghisa Ram, [1967] 2 SCR 116 the plea which found acceptance by this Court was that the respondent having been denied his right of obtaining the report of Director, CFL because of the delay by the appellant in launching the prosecution, the respondent could not be validly convicted. It was case where sample of curd was lifted from the shop of the respondent. This court held : "It appears to us that when a valuable right is conferred by Section 13(2) of the Act on the vendor to have the sample given to him analysed by the Director of the Central Food Laboratory, it is to be expected that the prosecution will proceed in such a manner that that right will not be denied to him. The right is a valuable one, because the certificate of the Director supersedes the report of the Public Analyst and is treated as conclusive evidence of its contents. Obviously, the right has b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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