1 3173.09-wp IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO. 3173 OF 2009 Bhavardas Premdas Vaishnav. ... Petitioner. V/s. Food Inspector, Local Health Authority and another. ... Respondents. S.M.Redekar, for the petitioner. A.S.Shitole, APP for the State. CORAM: B.R.GAVAI, J. DATED : 25th July 2011. P.C. : Rule. Rule is made returnable forthwith. Heard finally by consent of parties. 2. By this petition, the petitioner is challenging the concurrent orders, one passed by learned J.M.F.C., Chiplun below Exh.4 in C.C.No. 82/2006 thereby rejecting the application filed by the applicant seeking direction for sending the sample to the Central Laboratory as provided under section 13(2) of the Prevention of Food Adulteration Act, 1954 and other passed by learned Sessions Judge dismissing the revision. 3. The perusal of the impugned order would reveal that there was only 28 days delay in making the application. Taking into consideration the delays at the behest of the prosecution at various stages, I find that in the peculiar facts and circumstances the learned Magistrate ought to have allowed the application. 4. Rule is, therefore, made absolute in terms of prayers clauses (b) and (d). (B.R.GAVAI, J.)