GANGA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Ganga Prasad revisionist was held guilty on two counts under Sec. 7/16 of the Prevention of Food Adulteration Act and awarded different terms of imprisonment and amounts of fine by a Magistrate of the First Class at Sultanpur. He filed Criminal Revision No. 82 of 1979 before the Sessions Judge. The learned Sessions Judge gave a clear finding to the effect that the sanction accorded by the Chief Medical Officer of Health at Sultanpur for revisionist's prosecution was defective and his trial stood vitiated. There appears to be nothing wrong with that finding of the learned Sessions Judge. The mistake which, however, was committed by the learned Sessions Judge is that even after holding the sanction to be defective and erroneous he remanded the case for revisionist's re-trial. If the sanction giving rise to the present prosecution of the revisionist was defective and his prosecution on the basis of the said revision was defective it is obvious that he cannot legally be re-tried again on the basis of the same sanction. It is open to the prosecuting agency to obtain a valid and proper sanction for the prosecution of the revisionist and to prosecute him again but his re-trial ordered by the learned Sessions Judge on the basis of a sanction held to be invalid and illegal cannot proceed. I am therefore of the opinion that the order of re-trial of the revisionists ordered by the learned Sessions Judge is wholly erroneous. The said order is set aside. The present proceedings pending against the revisionist on the basis of the sanction held 16 be illegal and invalid by the learned Sessions Judge are hereby quashed. It is however open to the prosecuting agency to again prosecute him on the basis of a valid and proper sanction if it so chooses. Proceedings quashed.