GULL MAL Vs. STATE

JUDGEMENT

(1.) Gullu Mal has filed this revision application against the judgment and order dated 21-7-1975 passed by the IVth Additional District and Sessions Judge, Bareilly, remanding the case to the trial court for fresh trial according to law.

(2.) The revisionist was prosecuted under Sec. 7/16 of the Prevention of Food Adulteration Act on the ground that he was selling Haldi powder which was adulterated. Its sample was taken and sent to the Public Analyst.

(3.) The trial court convicted the revisionist and sentenced him to one year's R.I and to a fine of Rs. 1000.00 and default of its payment to six months R.I. In appeal the learned lower appellate court found that one ominbus question was out to the accused under Sec. 342, Cr. P.C. in respect of three distinct matters viz whether he was keeping the Haldi powder for in the hotel, whether the Food Inspector had checked the same and taken his sample and, lastly, whether the Haldi powder was meant for sale. Since the examination of the accused under Sec. 342, Cr. P.C. was not proper and it prejudiced the accused his conviction was set aside and the case was sent back for re-trial.