ADAM BASRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an application for transfer of a case pending against the petitioner in the Court of the, Sessions Judge, Shimoga. The stage at which the case has reached is that arguments were heard and the only thing that remained to be done was to pronounce judgment. The principal question, which, has been, raised is whether on the facts and circumstances of this case, the case should be transferred to another Court under the provisions, of S.407(1)(a) of CPC, 1973.

(2.) It is necessary to state the facts out of which this question, has arisen. The petitioner was convicted under Rule 6 of the Karnataka, Excise (Denatured Spirits and Denatured Spirituous Preparations) Rules 1967 read with S.14(2) and S.32 of the Kamataka Excise Act, 1965 and was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs.100 and in default, to undergo rigorous imprisonment for one we&k by the Special First Class Magistrate, Shimoga. Aggrieved by this decision, the petitioner preferred an appeal to the Court of Sessions at the same; place.

(3.) The appeal was heard by the learned Sessions Judge and the judgment was reserved. On the day the judgment was to be propounded the petitioner filed an application under Sec.391 of the. Coda requesting ths Court to record additional evidence as it was necessary to. arrive at a, just decision. Time was given to the Public Prosecutor to file objections to that application. The Public Prosecutor filed objections on 24-5-1974. In that the Public Prosecutor stated among other things that the petitioner was a beggar in the eye of law. This was objected tp by the Counsel for the petitioner. The Public Prosecutor appears to have made, certain remarks against the petitioner and seems to have said that he was justified in making such remarks. At this stage, the Session Judge intervened and said that the Public Prosecutor was a man of integrity and in ability second to none. I may point out here that the Public Prosecutor was not justified in making such remarks. He should not and ought not to have made such remarks. No one is a beggar before law. But all are equal.