RAMKRISHNA SAWALARAM REDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal questions the validity of the judgment of conviction in one of the sessions trials out of nine for several offences with regard to the medicinal products manufactured by Haffkine Institute, Bombay, wherein the accused was holding the charge of Composite Store Keeper. It is not necessary to enter upon the details so as to indicate the eventual order that we propose to make,

(2.) AT the hearing of this appeal, both the appellant-original accused as well as the respondent-State are agreed that ends of justice require that the present appeal be allowed and the matter be remanded for retrial from the stage of framing the correct charge.

(3.) IT may be mentioned, at the outset, that this matter was taken up out of turn because the Office pointed out that since 1974 eight other sessions cases being Sessions Cases Nos. 261 of 1974 to 267 of 1974 and 269 of 1974, have been stayed sine die without making any order and are being shown in the judicial returns as pending awaiting the disposal of the present appeal. We will have occasion to turn to this aspect a little later on. Suffice it to say that the joint submission of both the Counsel is well-merited. The charge at Ex. 1 has been raised on four counts and the impugned judgment shows that the said charge was not effectively put in issue by tendering evidence in support of the items particularly mentioned in the fourth count of the charge. Different items, numbering about 12 and ranging from 30th March, 1971 to 9th March 1972, as is evidenced by Exhibits 'a' to 'l' have been discussed by the judgment and the accused has been convicted on different counts. It is indeed clear that when the evidence was being tendered with regard to these items, which were not part of the charge, the accused did not exercise his right of cross-examination and has now raised an objection in this Court.