PANDURANG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 'Right', or 'wrong', 'guilty' or 'not guilty', is not the question. Whether the learned single Judge had the 'right' to hear and decide the appeal and hold that the appellants were guilty whilst setting aside their acquittal by the judgment under appeal1 is the question which has surfaced in the context of a judgment rendered by a learned single Judge which according to the relevant rules of the High Court was required to be heard and decided by a Division Bench.

(2.) Sec. 16 of the Prevention of Food Adulteration Act, 1954:

(3.) Such is the problem that has arisen in the context of Rule 1 read with Rule 2-II(e) of the Bombay High Court Appellate Side Rules, 19603 What then is the consequence Is the order of conviction and sentence recorded by the learned single Judge who allowed the appeal merely irregular or void