JAIPALDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally at motion hearing stage with the consent of both the parties.

(2.) This is a petition under Section 482 of the Cr.PC invoking extraordinary jurisdiction of this Court for giving a direction to Trial Court to call public analyst in the Court so that he can be cross-examined by the petitioner/accused, who is facing trial under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 before CJM, Indore.

(3.) Short facts of the case are that on 14-8-2001 Food Inspector, took sample of mango pickle from the shop of present petitioner, after following the procedure prescribed in the Food Adulteration Act. One part of the sample was sent for analysis to the Public Analyst, Bhopal. Public Analyst in his report found that the sample is misbranded and on the basis of this report a private complaint was filed against the petitioner before learned CJM. At the stage of defence evidence present petitioner moved an application for calling Public Analyst for cross-examination under Section 311 of the Cr.PC. This application was rejected by learned CJM by order dated 16-3-2004. That order of rejection was assailed by the petitioner before XIIth Additional Sessions Judge by way of Cr.R. No. 811/06, learned Additional Sessions Judge by order dated 20-5-2005 dismissed the revision petition, therefore petitioner has come before this Court with a prayer for exercising jurisdiction under Section 482 of the Cr.PC to correct the mistake committed by two Courts below.