KHUSHI RAM Vs. STATE

JUDGEMENT

(1.) Khushi Ram appellant has been convicted under Section 7(i) and 7(iii) of the Prevention of Food Adulteration Act by the Additional Sessions Judge of Bara Banki and sentenced to one year's rigorous imprisonment and a fine of Rs. 200/- in default further rigorous imprisonment for six months under each count. The two sentences of imprisonment awarded to Khushi Ram have been made to run concurrently.

(2.) It is not necessary to give the facts of the case at all, as I have come to the conclusion that the order passed by the learned Additional Sessions Judge was without jurisdiction and the case is being remanded for retrial before a competent Magistrate. I now proceed to discuss only the legal aspect involved in this case.

(3.) The Magistrate committed tin's case to the Court of Session by his order dated the 24th July, 1956, under a misapprehension. The Magistrate observed: '