RAMESH CHANDER Vs. M.C.D.

JUDGEMENT

(1.) This is a criminal revision by one Ramesh Chander under section 435/438 Cr. P.C. against the order dated 5-8-72 of Shri S.C. Ahuja, Judicial Magistrate 1st Class, allowing the examination of Public Analyst under section 540 Cr. P.C., moved on behalf of the prosecution; and thereafter adjourning the case for final arguments without allowing an opportunity to the accused petitioner to produce any evidence in rebuttal.

(2.) Facts in brief, as alleged, are that on 25-7-70 at about 12.50 p.m. Food Inspector of the Municipal Corporation took sample of Suji from accused petitioner Ramesh Chander as salesman of co-accused Mohan Dass, owner of the shop. On analysis, the sample was found to be adulterated per report of the Public Analyst dated 4-8-70. On behalf of the Municipal Corporation, a complaint was filed against both the above accused, including the petitioner, in the court of the Judicial Magistrate who, after taking cognizance, issued summons for the appearance of the accused. Accused petitioner challenged the jurisdiction of the trial court and filed a writ in the High Court which was dismissed on 24-7-71. Meanwhile, further proceedings in the trial court were stayed.

(3.) On 16-10-71, evidence on behalf of the complainant was closed and after recording the statements of both the accused on 29-11-71, the defence evidence was closed on 6-5-72. The case, thereafter, was adjourned to 11-5-72 for arguments. It was on this date that the complainant filed an application under section 540 Cr. P.C. requesting for the examination of three more expert witnesses, namely, Director General, Health Services, Director, Central Food Laboratory, Calcutta, and the Public Analyst, Delhi, which has become necessary in the light of the recent decision of the Honourable Delhi High Court. The learned Magistrate fixed 20-5-72 for hearing on this application and after hearing both the parties, allowed only Public Analyst to be examined as a court witness, vide his detailed order of the same date. The Public Analyst was examined on 5-8-72 and after his examination, the learned Magistrate adjourned the case to 19-8-72 for final arguments, without giving an opportunity to the accused petitioner to produce any evidence in rebuttal. It is against his order that this revision petition has been filed by accused Ramesh Chander.