STATE Vs. RAMESH CHAND JAIN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20th April, 1985, of the Additional Sessions Judge, Delhi, in Crl.A. No. 48/1985, whereby the learned Judge has acquitted the accused and has allowed the appeal directed against the judgment dated 29th May, 1984, and the order dated 31st May, 1984, of the Metropolitan Magistrate, New Delhi, vide which the respondent herein was convicted under Section 7/16 of the Prevention of Food Adulteration Act and was sentenced to undergo RI for three years with a fine of Rs.6000/- and in default of payment of fine, to undergo SI for six months.

(2.) The brief facts of the case, as has been noted by the Additional Sessions Judge, are as under : the prosecution case started on the basis of a complaint dated 25.8.80 filed by Shri R.N. Gujral, Asstt. Municipal Prosecutor, M.C.D. On behalf of the Delhi Administration.

(3.) The trial court on an appreciation of the evidence on record came to the conclusion that the accused has not been put the incriminating material against him under Section 313 Cr.P.C. and therefore, the material that had not been put to him could not be read in evidence against him. Secondly, the prosecution has failed to establish that sanction obtained was a valid one.